Durban - Former president Jacob Zuma has asked President Cyril Ramaphosa to institute an inquiry into the National Director of Public Prosecutions (NDPP) Shamila Batohi for allegedly being part of the planning or execution of alleged criminal activities involving arms deal prosecutor advocate Billy Downer.
Zuma alleges Downer contravened the National Prosecuting Authority (NPA) Act in that he was aware of the leaking of a report disclosing his confidential medical condition to journalist Karyn Maughan.
The former president has brought a private prosecution against Downer and Maughan in respect of this matter, but they have applied for the charges to be quashed.
On Monday, Zuma’s lawyers Ntanga Nkuhlu Inc. Attorneys wrote to Ramaphosa requesting the institution of an inquiry in terms of Section 12(6) of the NPA Act and/or 84(2)(f) of the Constitution.
“This letter serves as a formal request that you urgently institute an inquiry...into the serious allegations and issues raised below which tend to show prima facie that, inter alia, advocate Shamila Batohi who is the National Director of Public Prosecutions (‘the NDPP’) and/ or advocate Rodney de Kock who is the Deputy National Director of Public Prosecutions (‘the DNDPP’): National Prosecution Services (‘NPS’), are not fit to hold their current offices.”
Zuma said that since the “criminal leaking of information”, more developments had occurred. He listed these as the issuance of media statements, support and legal representation to a criminal suspect; provision of a false or deliberately misleading affidavit to the high court and deliberate misrepresentations of crucial facts to the private prosecutor and the court.
Zuma also claims that a whistle- blower had informed him that “a former NDPP was deeply concerned with the conduct of Downer in relation to the latter leaking information obtained in the course of the prosecution of Mr Zuma to another journalist”.
“To this end the self-same former NDPP raised specific concerns, in writing, to the then Acting DNDPP: NPS and the then DNDPP: Administration, about the aforementioned conduct of advocate Downer SC, questioning whether advo- cate Downer SC’s conduct warranted disciplinary action.
“Of fundamental import, the former NDPP concerned questioned whether, in such circumstances, Adv Downer SC should remain part of the prosecution team in the case against Mr Zuma.”
He said although the correspondence took place before Batohi’s and De Kock’s appointments, both would have been aware of these developments.
The former president said it was incumbent upon Ramaphosa to institute an urgent inquiry into Batohi and De Kock’s fitness to hold their respective offices.
“They seemingly pose a danger to the Constitution and to the people of South Africa due to their repeated display of a lack of prosecutorial independence as enshrined in the Constitution, especially section 179(4) thereof, as well as the various other applicable domestic and international instruments which are binding on the NDPP, the DNDPP and/or NPA.”
The Presidency and NPA did not respond to requests for comment.
Last week Downer in his affidavit in response to Zuma’s latest application to remove him from the arms deal trial called on the court to invoke provisions of the NPA Act which allows a court to ensure the trial proceeds.
Zuma and French arms company Thales are facing charges of racketeering, corruption, money laundering and fraud relating to the arms deal.
Judgment in Downer and Maughan’s application to have the private prosecution set aside is expected on August 4. The arms deal trial is expected to resume on August 15.