Advocate Billy Downer wants Zuma to put up R1m as security if he wants to privately prosecute

rvZA

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State advocate Billy Downer wants former president Jacob Zuma to put up an additional R1 million as security for costs ahead of his private prosecution of Downer.

Zuma launched the private prosecution against Downer and News24 journalist Karyn Maughan and has apparently already deposited R90 000 at the Pietermaritzburg Magistrate's Court as security.

But Downer said in papers filed in the KwaZulu-Natal High Court in Pietermaritzburg, that R1 million was necessary to "provide security that is sufficient to meet the probable costs which may be incurred in respect of my defence in the private prosecution" if the prosecution fails.

Downer said he and the National Prosecuting Authority (NPA) had engaged the services of senior counsel and two junior counsels for his defence.

The senior counsel's charges in the matter amount to R54 000 per day and R5 400 per hour, and the combined charges of both junior counsels are R45 000 per day and R4 500 per hour.

Therefore, Zuma should fork out an additional amount as security for private prosecution, he submitted.

The security should either be paid in cash or be provided using a bank guarantee, he added.

"I submit that in the circumstances, a bank guarantee is not only required to secure the additional amount but that it is necessary due to the fact that this court has, as recently as August 2022, granted the curator of VBS Mutual Bank an execution order for the private prosecutor's outstanding debt that is due to VBS Mutual Bank.

 

rvZA

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Litigation in any High Court, Appeals Court or Constitutional Court is extremely expensive just to get the matter on the court roll - and this does not even include legal costs. Zuma is about to learn a lesson about these costs.
 
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3WA

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Litigation in any High Court, Appeals Court or Constitutional Court is extremely expensive just to get the matter on the court roll - and this does not even include legal costs. Zuma is about to learn a lesson about these costs.
Zuma's got the money. I'll bet that he will put it up and then claim his supporters paid so as not to affect the perception that he's broke.
 
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rvZA

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Zuma's got the money. I'll bet that he will put it up and then claim his supporters paid so as not to affect the perception that he's broke.

True. Still going to be an expensive lesson though. Downer is likely to walk away with that Million Rand at the end of the day and will likely buy himself a new SUV or something.
 
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3WA

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True. Still going to be an expensive lesson though. Downer is likely to walk away with that Million Rand at the end of the day and will likely buy himself a new SUV or something.
Unfortunately the money doesn’t go to Downer. It gets absorbed by the courts.
 
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Jet-Fighter7700

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so when do his supporters start a riot and claim Downer is a racist.
surprised it hasn't happened yet.
 

rvZA

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Unfortunately the money doesn’t go to Downer. It gets absorbed by the courts.

No, the courts get nothing. If Zuma loses his case this money will be paid to Downer to cover all legal costs he had and more. This is the purpose of this required payment to the court. Happens in almost all civil cases and high court cases. Hence the reason why these courts are not open to the general public who cannot afford it.
 

3WA

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No, the courts get nothing. If Zuma loses his case this money will be paid to Downer to cover all legal costs he had and more. This is the purpose of this required payment to the court. Happens in almost all civil cases and high court cases. Hence the reason why these courts are not open to the general public who cannot afford it.
Right. The point is it doesn’t enrich Downer in any way since he's just being reimbursed for expenses incurred.
 

rvZA

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Right. The point is it doesn’t enrich Downer in any way since he's just being reimbursed for expenses incurred.

In practice, yes. In reality it works a lot different. I know this.
 

surface

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Dunno if anyone will donate R1M to him. What can he give in return?
It won't be 1M donation from one person. That leech will ask crowdfunding soon. Whatever he can gather, he would do it.
 

air

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Zuma's got the money. I'll bet that he will put it up and then claim his supporters paid so as not to affect the perception that he's broke.
is he liable for tax in terms of 'supporter donations'?
 
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