Former president Jacob Zuma’s private prosecution of a journalist has nothing to do with press freedom but everything to do with him asserting his constitution rights as a citizen, the Pietermaritzburg High Court heard today.

Zuma has initiated private prosecution processes against state advocate Billy Downer after accusing him of leaking his medical report to News24 journalist Karyn Maughan.

However, Downer, who is the lead prosecutor in Zuma’s arms deal case, and Maughan, have mounted an application seeking to block the former president from privately prosecuting them.

Addressing a full bench of judges this morning, Zuma’s legal representative advocate Thabani Masuku dismissed arguments that the former president’s motive was to stop Maughan from reporting on his arms deal case.

“As we speak Maughan is covering today’s court proceedings. Surely, if the intention was to stop her from reporting, then how come she is still able to perform her duties?”

The only reason Zuma was prosecuting Maughan, Masuku said, was because he believed Maughan participated in the commission of a crime.

“Section 41 (6) of the National Prosecuting Act [32 of 1998] is clear: Anyone who wants to disclose information in the position of the NPA [National Prosecuting Authority] should seek permission from the National Director of Public Prosecutions. The law does not say there is a special place for journalists,” he said.

The Helen Suzman Foundation

On Monday, lawyers representing in among others, the Helen Suzman Foundation, which has been admitted as a friend of the court (amicus curiae) in the matter, told the court that Zuma was prosecuting Maughan and Downer for ‘ulterior purpose’.

However, Masuku said the claims made by the lawyers representing the various amicus curiaes in the matter amounted to ‘insults’.

“They did not present any proof to support their accusations. They are condemning Zuma simply because he is exercising his constitutional rights,” he said.

An amicus curiae, Masuku said, was supposed to be impartial.

“They are here to assist the court. [However,] the Helen Suzman Foundation made it clear that it’s here to support Maughan and oppose Zuma,” he said.

Masuku urged the court to disregard the foundation’s submission.

“They have come to poison the environment. The court can’t have friends like that,” he said.

Shortly before the start of today’s court proceedings, a group of journalists picketed outside the court in solidarity with Maughan.

The journalists, who are affiliated to the South African National Editors Forum (Sanef) are opposed to Zuma’s decision to privately prosecute Maughan.

According to Sanef, Maughan was simply doing her work and as such, should not be prosecuted.