Former president Jacob Zuma can pursue a private prosecution of state prosecutor Billy Downer to force his removal from leading a corruption case against the ex-South African leader, the National Prosecuting Authority (NPA) has announced.
Zuma has until 16 September to open the case against Downer, the NPA said on Wednesday.
Zuma and French arms firm Thales are facing 16 corruption charges and he has accused Downer of personal bias against him after he allegedly leaked his (Zuma’s) medical records.
The NPA said Zuma has been issued with a nolle prosequi certificate following a request by the NPA’s lawyers regarding its decision to decline prosecuting Downer due to insufficient evidence.
According to the NPA, a nolle prosequi certificate is issued to a party that has an interest to pursue private prosecution when the prosecuting authority has declined to prosecute in a particular case.
“Advocate 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,” the authority said in a statement.
It added that Downer would defend himself in terms of the various legal remedies available to him.
NM/jn/APA