Judgment was reserved in an enforcement appeal related to former President Jacob Zuma's private prosecution of legal journalist Karyn Maughan and State Advocate Billy Downer SC, reports News24.

Maughan and Downer filed an enforcement appeal to prevent any action resulting from Zuma's private prosecution while he appeals the matter.

Three judges – Gregory Kruger, Jacqui Henriques and Mokgere Masipa – deemed Zuma's private prosecution against Maughan and Downer was an abuse of power. The judges agreed that Zuma's private prosecution of Maughan had all the elements of a Strategic Litigation Against Public Participation (SLAPP) suit.

Speaking on behalf of Downer, Advocate Geoff Budlender SC commenced proceedings before the same three judges, saying Zuma was obsessed with removing Downer from his arms deal prosecution case.

He said Zuma chose to privately prosecute Downer in a bid to remove him from the years-long matter. He added that – if the enforcement order was not granted – interim issues related to the private prosecution would be problematic while an appeal process unfolded.

‘We will have endless problems with private prosecutions launched for alternate reasons.’

He said the order they sought was an interim order and would not impact or prejudice Zuma. Advocate Steven Budlender SC, for Maughan, said the relief they sought ‘would render the criminal proceedings annulled until this court's order is set aside on appeal’.

‘We are not debating a permanent interdict, we are debating the section 18 (3) order which lasts while appeals are taking place. His rights are fully protected if his appeal wins and there will be a trial and everything will be in order.’

Advocate Dali Mpofu SC, for Zuma, said the matter should be dealt with in a criminal court.

He added the judges should decide whether the appeal would have no prospect of success in the SCA, saying the upcoming private prosecution appearance on 4 August would still likely be postponed as Zuma's appeal was dealt with.

Full News24 report