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S v Zuma and Another (Reasons) (CCD30/2018) [2024] ZAKZPHC 80

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S v Zuma and Another (Reasons) (CCD30/2018) [2024] ZAKZPHC 80

Legal gavel

13th September 2024

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[1]      I was requested to furnish reasons for the order which I made on 20 March 2024, dismissing Mr Zuma’s application for the removal of Mr Downer as the Public Prosecutor in these proceedings, to enable Mr Zuma to bring an application for leave to appeal. The request was allowed and the reasons now follow.

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[2]      In paragraph 100 of his founding affidavit, Mr Zuma premised his request for the removal of Mr Downer as a public prosecutor on four pillars namely:

(a)     The private prosecution of Mr Downer;

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(b)     The nature of the charges levelled against Mr Downer, described as the ‘information leaking incident of 2021’;

(c)     The nature of the charges pertaining to the ‘2008 information leaking incident’; and

(d)     Further and additional considerations, which also have the effect of disqualifying Mr Downer.

[3]      Most importantly, in paragraph 101 of his founding affidavit, Mr Zuma stated that any single one of the above mentioned grounds would be enough to justify the granting of the relief sought. He proceeded to state that cumulatively, all these grounds provide an insurmountable hurdle for Mr Downer’s intended continuation in the role of lead prosecutor and/or prosecutor in the public prosecution.

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