Jacob Zuma's private prosecution case against state prosecutor Billy Downer was struck off the roll by the KwaZulu Natal High Court in Pietermaritzburg today. The former president and MK Party leadera wanted to privately prosecute Downer, who is the lead prosecutor in his arms deal case, for allegedly leaking his medical records to journalist Karyn Maughan.

FAILED BIDS

 Zuma accused Downer and specialist legal journalist Maughan of violating the National Prosecuting Act but the two argued that the medical records were placed on the public court records. In July last year, Judges Gregory Kruger, Jacqui Henriques and Mokgere Masipa dismissed Zuma's case with costs and labelled the private prosecution against the two as invalid and an 'abuse of power'. The former president took the matter back to court in September last year in a bid to be granted leave to appeal the ruling, but the matter was again dismissed with costs. Zuma is also seeking to privately prosecute President Cyril Ramaphosa for failing to act against Downer and Maughan. The matter was postponed by the Gauteng High Court in Johannesburg to 6 August.

MATTER REMOVED FROM THE ROLL

Judge Nkosinathi Chili said he could not think of any prejudice Zuma would suffer if an order were made to remove the private prosecution from the roll pending finalisation of his appeal against the order of the full court of this division. "Any order which prevents Zuma from reinstating his private prosecution case would amount to a gross violation of his rights to a fair trial and incompatible with the intention of justice, despite the matter being previously set aside. I make the order that the private prosecution by Mr Zuma of Mr Downer and Ms Maughan is removed from the roll. Such removal is without prejudice to the rights of Mr Zuma," he said. Zuma's legal team said they still intend to go to the Constitutional Court to appeal the order that the private prosecution is invalid.