JOHANNESBURG – The Director of Public Prosecutions in KZN has issued Jacob Zuma with a nolle prosequi certificate, declining to prosecute advocate Billy Downer due to insufficient evidence following a request from the former president’s lawyers.
NPA spokesperson Mthunzi Mhaga said: “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.”
The NPA has agreed with the DPP that the charges laid against Downer are baseless and cannot be sustained, hence the decision not to prosecute him.
The former president had accused Downer of leaking his medical records.
Mhaga said: “Adv Downer has the NPA’s full support and will continue to lead the prosecution team against Mr Zuma and Thales.
“Mr Zuma has the right to pursue a private prosecution and due process should be followed. Adv Downer will of course defend himself in terms of the various legal remedies available to him.
“The NPA will support Adv Downer in defending himself against what we consider to be an abusive private prosecution.”
Mhaga added: “As the NPA progresses with prosecutions of corruption and other serious economic crimes, particularly against the rich and the powerful, we expect that there will be attacks against NPA staff, in an attempt to evade justice. We will not be deterred by such attacks.”
Downer will remain focused on ensuring that the trial against Zuma and Thales resumes on August 15, 2022.
