JUST IN | High Court rejects Zuma's push to prosecute Downer, journalist Maughan
Judge Kruger has adjourned the sitting.Advocate Kate Hofmeyr for the Helen Suzman Foundation wants to reply to some of Advocate Masuku's comments from earlier.
There is no evidence of this, he says, adding that Zuma's lawyers are"trying to make up the law to suit their case" - by arguing that Downer broke the law because he did not do anything about Breitenbach's disclosure. He also points out that Mpofu himself effectively admitted in argument that the letter did not contain any confidential information in the postponement argument.Advocate Steven Budlender SC completes his replies to Mpofu's submission in under 30 minutes. Advocate Geoff Budlender SC for Downer now begins his replies. Advocate Steven Budlender says section 41 has no reach over court papers.
He accuses Zuma lawyers of failing to address his argument that the nolle certificate used by Zuma to justify his private prosecution could not be a lawful basis for the prosecution.Budlender on abuse of process: The motive was relevant and the merits were relevant. You heard no response to that.Argument on first nolle prosequi certificate: Budlender says that even though it referred to only Mr Downer, it also is meant to refer to Ms Maughan.
Advocate Geoff Budlender interjects and agrees that both advocates should be allowed to make further submissions in written form. Court adjourns briefly.Advocate Steven Budlender SC tells Judge Kruger that the remaining 15 minutes in the day is not enough. He says Zuma is a former president, but comes to court dutifully, and that he sends a note when he is sick.
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