The lead prosecutor in former president Jacob Zuma’s arms deal-related corruption case has been summoned for supposedly leaking information about Zuma’s health.

The National Prosecuting Authority spokesperson, Mthunzi Mhaga, confirmed that advocate Billy Downer was served with summons by the sheriff in respect of charges relating to the alleged contravention of section 41(6) of the NPA Act which prohibits the disclosure of certain information.

Last year, Zuma charged Downer for allegedly leaking affidavits containing information about his health.

The Director of Public Prosecutions in KwaZulu-Natal, advocate Elaine Zungu, issued a nolle prosequi certificate, following her decision not to prosecute Downer on the alleged contravention.

A nolle prosequi certificate is issued when the prosecuting authority has declined to prosecute in a particular case to a party that has an interest to pursue private prosecution,

Downer’s summons follows the institution of a private prosecution by Zuma.

“The NPA and its leadership fully support advocate Downer as we believe that these charges are without merit. They are only designed to intimidate him in the prosecution of Mr Zuma, and to further delay the trial. The private prosecution amounts to an abuse of the process.

“Advocate Downer will continue to lead the NPA’s prosecution team in the Zuma/Thales trial. He has the NPA leadership’s full confidence.  His track record of prosecutorial integrity and professionalism speaks for itself,” says Mhaga.

As much as the NPA will allow the law to take its course, it recognises the imperative of protecting prosecutors from unjustified attacks and intimidation, he added.

“We expect attacks to intensify as the wheels of justice begin to gain momentum in the context of accountability for state capture. We must and will fiercely resist this.

“Prosecutors need to act without fear or favour as they deliver on their constitutional mandate to ensure accountability for crime in our country. The people of our country, all victims of state capture, expect nothing less of members of the National Prosecuting Authority,” he added.

Zuma faces charges of fraud, corruption, racketeering and money-laundering. The charges stem from alleged bribes Zuma took from French arms manufacturer Thales, through his former financial adviser, Schabir Shaik.