JG Zuma Foundation respectfully disagrees with the president of the SCA

27 May 2022

Further to the recent ruling on reconsideration by the President of SCA, H E President Zuma is scheduled to consult with his legal team over the weekend regarding the way forward.

The outcome of the consultations will be announced in the coming week.

The Foundation notes that the SCA decision is not based on the correctness or otherwise of the decision of the Pmb High Court on the merits of the special plea for the removal of Downer, but on a technicality that there are no exceptional circumstances warranting a reconsideration.

While four (4) separate petitions were submitted, only one of them was decided by the previous two (2) SCA judges. We view that as sufficiently exceptional. The Foundation therefore respectfully disagrees with the ruling on the technical question of exceptional circumstances.

However, the Foundation welcomes the fact that the judgment was not leaked to the known enemies of H E President Zuma. We thank the leadership of the SCA judiciary for showing integrity in that regard despite the challenges of the administrative side. The Department of Justice is called upon to attend to the administrative weaknesses in the office of the Registrar.

In addition, the Foundation applauds the SCA for delivering the outcome within two months despite administrative challenges. This is in stark contrast to the unjustifiable delays we have been subjected to by Adv Shamilla Batohi who acts like a hired gun in charge of the NPA.

Batohi has been refusing to sign and issue a single page to certify her decision announced as far back as 8 April not to prosecute Downer and his accomplices. This is obviously a deliberate act to protect Downer from the inevitable private prosecution.

The stalingrad tactics of Batohi undermines the waning confidence in the criminal justice system.

The Foundation's complaint is not so much about an outcome which we disagree with which can always be challenged, it is about an obviously predetermined outcome which is unfair and unjust such as the disgraceful conduct and manipulation of the justice system by Shamilla Batohi. Legal advice is also being sought on this directly related issue.

Issued by JG Zuma Foundation , 27 May 2022