South Africa: Slapp Suit - Media Freedom Vindicated in Zuma Private Prosecution Verdict

analysis

The High Court in Pietermaritzburg says former president Jacob Zuma's private prosecution of journalist Karyn Maughan had the hallmarks of a Slapp suit, designed to harass and intimidate.

The High Court in Pietermaritzburg has issued strong commentary against the abuse of legal process, cyberbullying of journalists and the use of "Slapp" lawsuits as an attempt to silence journalists in a case involving former president Jacob Zuma, journalist Karyn Maughan and NPA prosecutor Billy Downer SC.

The court interdicted Zuma from privately prosecuting Maughan after claiming she illegally accessed his medical records via Downer. Maughan was initially not included in Zuma's complaint against Downer, but was added later.

He is also attempting to privately prosecute President Cyril Ramaphosa as an accessory after the fact, linked to the same allegations.

The court has put paid to Zuma's first two private prosecution cases, leaving the potential success of his case against Ramaphosa in question.

In a judgment penned by judges Gregory Kruger, Jacqui Henriques and Thokozile Masipa, Zuma was interdicted from proceeding with both private prosecutions. He was also ordered to pay the legal costs for Maughan and Downer.

Zuma had initially embarked on a prosecution of Downer for his alleged "leaking" of medical information to Maughan. The main bone of contention was a letter, written by the military health service in August 2021, that provided information on Zuma's health.

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