NPA gives Zuma go-ahead to pursue private prosecution of Downer
Updated | By Anastasi Mokgobu
The National Prosecuting Authority has issued former president Jacob Zuma with a certificate which allows him to pursue private prosecution against state prosecutor Billy Downer.
A nolle prosequi certificate was issued after the state NPA declined to prosecute Downer due to “insufficiency of evidence”.
Zuma wanted Downer to recuse himself as prosecutor in the corruption trial, arguing that his past conduct would compromise his case.
Downer is accused of acting in a legally and politically compromising manner on the former president’s case.
The former president and French arms company Thales are facing charges of corruption, racketeering and money laundering relating to the 1999 multi-billion-rand arms deal.
The NPA's Mthunzi Mhaga says they believe the against Downer are baseless.
“Downer has the NPA’s full support and will continue to lead the prosecution team against Mr Zuma and Thales."
Mhaga says the former president can proceed with private prosecution against Downer.
“Mr Zuma has the right to pursue a private prosecution and due process should be followed. Adv Downer will of course defend himself in terms of the various legal remedies available to him. The NPA will support Adv Downer in defending himself against what we consider to be an abusive private prosecution.
"As the NPA progresses with prosecutions of corruption and other serious economic crimes, particularly against the rich and the powerful, we expect that there will be attacks against NPA staff, in an attempt to evade justice.
"We will not be deterred by such attacks."
The case against Zuma and Thales is set to resume on 15 August at the High Court in Pietermaritzburg.
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