By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) says it did not issue a nolle prosequi certificate in relation to Cyril Ramaphosa, throwing a possible a spanner in the works for Jacob Zuma’s private prosecution attempts.
The NPA says it issued two certificates in good faith and in direct relation to statements and affidavits included in Zuma’s attempt to prosecute state advocate Billy Downer and journalist Karyn Maughan.
Zuma announced his move against his successor on the eve of the African National Congress (ANC)’s 55th national elective conference on 15 December 2022.
A nolle prosequi certificate, a certificate that states the NPA does not intend to prosecute a person, is a requirement for a private prosecution.
Zuma accused Ramaphosa of “being [an] accessory after the fact to crimes committed by, among others, advocate [Billy] Downer” in alleged breaches of the NPA Act.
The former president wanted Ramaphosa to intervene at the NPA after he laid a complaint against Downer, who is prosecuting Zuma on behalf of the State for arms deal-related corruption.
The state attorney, on Ramaphosa’s behalf, responded with a letter, in which it expressed the believe Zuma made this move to prevent Ramaphosa from being elected to a second stint as ANC leader.
The party gave Ramaphosa the green light to participate in the internal leadership election, which he won.
The state attorney stated the document delivered to Ramaphosa’s private residence did not include such a certificate in relation to Ramaphosa.
“The nolle prosequi certificate that is included in the summons concerns a certain Willian John Downer. The president was never cited in those proceedings and could thus not be the subject of such a certificate, at any rate.”
The state attorney said Ramaphosa was entitled to ignore the “invalid summons”.
Zuma’s lawyers disputed this in their response to the state attorney, and his foundation indicated in a tweet it had no intention of withdrawing its prosecution.
On Wednesday, the NPA issued a statement, saying it noted the “media reports relating to the summons issued in respect of President Ramaphosa”.
“As background, the NPA issued two nolle prosequi certificates in good faith and in compliance with Section 7 of the Criminal Procedure Act,” read the statement.
NPA deputy director advocate Rodney de Kock said the certificates were issued in “direct relation” to the docket of the case Zuma made against Downer, “which contained statements and affidavits relating to specific individuals for alleged contravention of Section 41[6] read with Section 41[7] of the NPA Act”.
De Kock stated: The nolle certificates apply to any persons who are specifically mentioned in the docket. The president was not mentioned in any of the affidavits or statements and thus the certificates were not issued in relation to him.
“Any further clarification will be provided in court should the matter be litigated.”
Meanwhile the Jacob Zuma foundation said its patron would not be backing down from his bid to have Ramaphosa privately prosecuted.
The initial deadline Ramaphosa gave Zuma to withdraw the summons he was served with was Sunday, which was subsequently extended to Wednesday at the former president’s request.
The foundation said that this extension was only to deal with issues around service and to provide the president with a second nolle prosequi certificate.