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.

"I have no confidence that the private prosecutor will in future be able to settle the costs incurred for my defence in the absence of the security that I require."

In an interview with Newzroom Afrika in June, Gerrie Nel, the head of AfriForum's private prosecution unit, explained that Zuma would have to deposit guarantees for the costs of the accused in the matter "should the prosecution fail". 

The charges against Downer and Maughan relate to News24's publication of an update on Zuma's medical condition. The update was attached to court papers lodged at the High Court last year.

But Zuma contends that it violated sections of the National Prosecuting Act.

The former president was granted medical parole by the then Head of the Correctional Services department, Arthur Fraser, shortly after he was incarcerated in July 2021.

Zuma's legal team claims Downer leaked the information to Maughan.

The summons was served on Maughan and Downer this month, and they are expected to appear in the KwaZulu-Natal High Court in Pietermaritzburg on 10 October 2022.

Zuma was in prison to serve a 15-month sentence for contempt of court after he refused to comply with a Constitutional Court order to appear before the State Capture Inquiry.

News24