By Lehlohonolo Lehana.
Former President Jacob Zuma’s private prosecution of his successor Cyril Ramaphosa was heard at the Johannesburg’s High Court on Friday.
A postponement was granted as the matter reliant on the outcome of Part B.
The court will pronounce on Ramaphosa’s submission that the certificate is invalid for vagueness in part B of his application in which he is seeking an order setting aside the private prosecution as unlawful and unconstitutional.
He has argued that such a certificate must name the persons the NPA has elected not to prosecute in relation to a particular matter in order to be valid. The president further argued that the crime of an accessory after the fact could only arise after the date on which the principal crime was committed.
Since the certificate mentioned only the date of Downer and Maughan’s alleged crime, his counsel said, the nolle prosequi could not refer to the president.
The court said part B of the matter raised novel issues of law, one being whether the issue of a nolle prosequi is administrative action, as this would determine whether Ramaphosa had a right to be heard before it was issued. It is common cause that he was not given the opportunity.
Another is whether criminal liability could accrue to members of the executive for neglecting their duties.
Last week, the court heard arguments in Ramaphosa’s challenge of the prosecution against him. He is looking for a final interdict that would stop Zuma from hauling him before a criminal court.
In January, Ramaphosa was granted an interim interdict.
Zuma had charged the president with being an “accessory after the fact” to an alleged crime that the former president is pursuing in a private prosecution against prosecutor Billy Downer and journalist Karyn Maughan. He has charged the two with contravening the NPA Act over the disclosure, without the written consent of the NPA’s national director, of a medical report later filed in court during Zuma’s criminal trial for corruption.
Zuma meanwhile was yet again “playing for time” in launching another baseless application for the removal of Downer as the lead prosecutor in his arms deal-related corruption and fraud trial.
Downer, in his affidavit filed on Friday in response to Zuma’s latest application to remove him, has now called on the court to invoke provisions of the NPA Act which allows a court to “investigate any unreasonable delay” in criminal proceedings and issue an order to eliminate the delay and any prejudice arising from it.
Downer says given the 20-year history of Zuma’s “Stalingrad tactics” to avoid having his day in court, it is time for the court to put its foot down.
“We seek the following order, that if he is unsuccessful in this application that the criminal trial shall proceed and shall not be suspended by any applications for leave to appeal.
“This court is empowered to make such an order,” he said.
The latest salvo fired against Downer by Zuma comes after he summonsed him and journalist Maughan to court in a private prosecution alleging Downer contravened sections of the NPA Act by “leaking” a document containing his personal medical information to Maughan.
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