Zuma, they said, had countered that he was not being treated equally before the law and whenever he challenged the constitutionality of his prosecution, it was labelled as “Stalingrad”. They said this argument was flawed.
“We have alluded to the fact that the private prosecution served as a precursor to an application for the recusal of Downer as the prosecutor in the [arms deal-related] trial. This, in our view, clearly evidences the Stalingrad strategy.” There was also potential harm to state advocate Andrew Breitenbach, a member of the prosecution team, who had been implicated in the “unfounded charges of disclosure of confidential information” and named as a witness in the private prosecution.
The judges said both Downer and Maughan had shown exceptional circumstances. Zuma, they said, would not suffer any irreparable harm.
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