Judgement reserved on HSF, Sanef’s application in Zuma’s case against Downer and Maughan

Judgement on Sanef and the Helen Suzman Foundation (HSF) applications to be friends of the court in former president Jacob Zuma’s case against Adv Billy Downer and journalist Karyn Maughan has been reserved. 

The two parties had their application heard by the Pietermaritzburg high court on Thursday. 

The matter was postponed to an unreversed date pending the submission of additional documents by all parties. 

Through his legal team, Zuma opposed the applications, stating they won’t be adding any value to the main case. 

Downer and Maughan were summoned by Zuma and have appeared in the Pietermaritzburg high court, where they are charged with contravening the NPA Act relating to the alleged “leak” of a medical report on Zuma’s health.

The certificate was part of the documents relating to Zuma’s corruption trial, which were submitted in court. 

Downer and Maughan’s applications were initially set down for this week. However, it has been set down for March next year. 

Through Adv Max du Plessis, Sanef told the court they have extensive experience regarding freedom of expression in the press.

The application said they are well-placed to provide submissions of assistance in court in particular to speak to the chilling impact of such summons on freedom of expression in media and journalism activities. 

“They [Sanef] position themselves to be a keen expert in this position, which warrants consideration by the court. I’m doing so because the application [Sanef] intends to draw from their extensive experience regarding the right to freedom of expression and press freedom. Our arguments overall deal with the fact that there has been an abuse of process by issuing a summon,” said Du Plessis. 

On the other hand, the HSF wants to intervene in Zuma’s private prosecution of Downer, saying he is not trying to obtain justice. 

On behalf of HSF, advocate Kate Hofmeyr said the foundation supports the civil proceedings that have been brought by Downer to set aside the summons against him. 

Hofmeyr said the foundation also does not seek to play a role in the criminal trial if Downer does not succeed in his application to set aside the summons. 

“When Downer brings a case to set aside his summons, he does so on two main grounds. He said the prosecution of him is pursued with an ulterior purpose to discredit him as a prosecutor. He also says the case against him is unfounded on the common cause. That’s the case Downer will ventilate on next year in March. What the foundation seeks to do is to join that case as a friend to the court,” said Hofmeyr. 

She said the foundation is only seeking leave to be admitted in a civil case by Downer. 

Hofmeyr said the foundation would show there is an ulterior motive behind Zuma’s summons to Downer — to pursue political ends.  

In opposing the application on behalf of Zuma, Adv Dali Mpofu argued the application was supposed to be brought in the primary criminal matter, not in motion court. 

Mpofu said the application was biased and thus should be disqualified to be entered in the main case. 

He said the pair are not friends of the court, but friends of the accused on the criminal matter. 

“They can’t do what they are doing. That is why we are in this quagmire and consensual mess. It is because they brought the motion case in the middle of criminal proceedings separately. There is no way that your lordship can grant this application. The big point is that bias is a disqualifying factor. You can’t be admitted as a friend of the court because you are biased,” said Mpofu. 

Mpofu said friends of the court should be objective and not seek to advance in the interest of their own, and that is the case here. 

The applications were also opposed by the Democracy In Action. 

Even though Zuma is not in court, former chairperson of SA Airways Dudu Myeni and Jacob Zuma Foundation spokesperson Mzwanele Manyi sat inside the court. 

Outside court, Church Street remained open, with no visible law enforcement agencies, mainly because no supporters were expected.