By Lehlohonolo Lehana.
Former President Jacob Zuma has requested the South Gauteng High Court in Johannesburg to postpone his private prosecution against his predecessor President Cyril Ramaphosa.
Zuma’s prosecution, initiated in December 2022, accuses Ramaphosa of “failing to act” against prosecutor Billy Downer and journalist Karyn Maughan, whom He alleges leaked his medical information.
Last year, a full High Court set aside his private prosecution, labelling it unconstitutional and unlawful, with numerous unsuccessful subsequent appeals.
Previously the Johannesburg High Court ruled that Zuma’s case hinged on an ulterior motive.
In July 2023, the Supreme Court of Appeal (SCA) ordered that Zuma’s private prosecution of Ramaphosa was unlawful and unconstitutional, and it was set aside. It also interdicted the private prosecution and declared the summons issued against the President to be unlawful and invalid. The matter was dismissed with costs, including those of two counsels, to be paid on the attorney and client scale.
But Zuma took the rulings on appeal, resulting in the ongoing private prosecution bid.
Addressing the court on Tuesday, Zuma’s lawyer Dali Mpofu said the request for a postponement was due to further appeals following the Supreme Court of Appeal dismissing his client application in May.
“Initially, the accused filed an interim application for temporary relief, which was approved. Subsequently, Part B, the review, was filed. This has been under appeal for some time,” he explained.
Zuma requested a postponement until 6 February 2025, under section 168 of the Criminal Procedure Act, citing the expected duration of the ongoing processes.
“There are, as noted in the documents I submitted, directives from the private prosecutor to pursue further appeals in the Constitutional Court. This will necessitate accompanying applications for condonation and so forth,” Mpofu said.
“After discussions with my learned friend, we propose asking for a long postponement to 6th February 2025. We hope that by then, there will be a final decision as to whether the prosecution is proceeding or has reached the final stage in the Constitutional Court.”
South Gauteng High Court then granted a postponement until 6 February next year.
The postponement is to accommodate his application in the Constitutional Court for permission to challenge the high court’s decision that stopped his attempt to press criminal charges against Downer in his arms deal corruption case.