By Lehlohonolo Lehana.
The Johannesburg High Court has heard how lawyers for former President Jacob Zuma plan on appealing this week’s ruling in favour of President Cyril Ramaphosa.
Zuma and his legal team briefly appeared in the Johannesburg High Court on Thursday despite Ramaphosa being granted an urgent interdict this week.
The ruling halted the former president’s private prosecution bid against his successor, pending final determination of part B of Ramaphosa’s review application.
The interdict was part A of the president’s application.
Zuma’s lawyer, Advocate Dali Mpofu, on Thursday argued the matter was enrolled on the court’s roll despite the temporary relief granted to Ramaphosa.
Mpofu said the interdict only exempted the president from appearing in court and argued that the legal team could risk the case being struck off the roll.
He, therefore, requested for an adjournment or postponement to a later date.
“In a nutshell, without this sitting the charge would be dismissed,” Mpofu said.
The advocate also informed Judge Ismail Mahomed that Zuma would appeal Monday’s judgment, however, the legal team was yet to decide on which court to approach.
He hinted that Zuma could go straight to the Constitutional Court (ConCourt).
“If, as we are inclined, it goes directly to the Constitutional Court then we will seek leave from that court.
“Of course if we want to go to the SCA [Supreme Court of Appeal], we must seek leave from the high court itself. We have 15 days to make those decisions, but in principle there will be an appeal,” Mpofu told the court.
Mahomed granted the postponement to 26 May as requested by Mpofu.
Ramaphosa was expected to present himself before the court on Thursday, based on Zuma’s summons issued in December 2022.
Zuma seeks to prosecute Ramaphosa, arguing he was an “accessory after the fact” in relation to charges the former president is pursuing against senior state prosecutor Billy Downer and journalist Karyn Maughan.
He alleged that Ramaphosa committed a criminal offence by not acting against Downer and Maughan when he lodged a complaint with the Presidency’s office on 19 August 2021.
Meanwhile, the Johannesburg High Court is expected to hear Ramaphosa’s part B on 17 and 18 May.
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