State Advocate Billy Downer’s application to set aside former President Jacob Zuma’s private prosecution of him will continue today in the KZN High Court (Pietermaritzburg) despite the ‘national shutdown’.

Zuma will attend, a TimesLIVE report says.

While spokesperson for his foundation Mzwanele Manyi initially said Zuma was not required to attend and ‘will decide on Monday if he wants to attend’, he later confirmed Zuma would be there.

Last week, KZN Judge President Thoba Poyo-Dlwati issued a circular advising that because of the ‘shutdown’, most courts would not sit.

However, whether opposed motions – such as the Downer matter – would proceed, would be dealt with on an individual basis by the judges hearing them.

Downer’s matter and a similar matter brought by journalist Karyn Maughan – set down for Wednesday – is being heard by a full Bench of three judges.

The judges have instructed the parties that the matter will proceed and the Office of the Chief Justice on Thursday sent out a notice of media accreditation.

However, sources at court said there is still uncertainty because depending on what happens today (Monday), court officials may not be able to get to work. 

One source said staff had been instructed to come to work.

If they were prevented from doing so, they would have to explain why in an affidavit – with supporting photographs or videos – if they did not want to have their pay docked.

Full TimesLIVE report