By Lehlohonolo Lehana.
The Jacob Zuma foundation says its patron will oppose the latest application in the Johannesburg high court by President Cyril Ramaphosa to have his private prosecution summons interdicted and set aside.
Ramaphosa has approached the high court in Johannesburg in the hope of interdicting his predecessor, from pushing ahead with proceedings to have him privately prosecuted.
Ramaphosa’s move is the latest in a series of exchanges involving him and Zuma, who faces several accusations relating to state capture.
On Tuesday, 27 December, it emerged that Ramaphosa had approached the high court notifying it of his intention to make an application on 10 January.
Ultimately, he wants a summons against him to be declared unlawful and wants the private prosecution being driven by Zuma declared “unlawful, unconstitutional, invalid” and for it to be set aside.
On Wednesday, a day after Ramaphosa filed his application, the JG Zuma Foundation issued a statement in response, condemning the “belated actions of Mr Ramaphosa” in challenging the private prosecution.
“[He] now expects President Zuma to miraculously access his legal team whose members are obviously on family holidays to launch an application during the Christmas long weekends clearly intended to cause maximum inconvenience, especially when valuable time was wasted issuing meaningless threats and deadlines,” the statement reads.
“HE [His Excellency] President Zuma will do his best to locate and consult with his legal team.”
Thereafter a more substantial statement will be released.
“Once again Zuma learnt about the urgent application through the media to whom the court papers were strategically leaked even before being received by his lawyers,” reads the statement from the foundation, who announced Zuma’s private prosecution in a statement of their own on 15 December.
Filed court papers are public documents, unless sealed by the court.
Media statement – JGZ Foundation
H.E PRESIDENT ZUMA WILL OPPOSE THE AFTER THOUGHT AND IRRATIONAL INTERDICT BY PRESIDENT RAMAPHOSA pic.twitter.com/qsu3umguTh
— JGZuma Foundation (Official) (@JGZ_Foundation) December 28, 2022
It appeared that Zuma had structured his attempted private prosecution against Ramaphosa on a specific certificate.
The presidency has previously explained that, according to the Criminal Procedure Act, “a private prosecution can only be instituted after the individual prosecuting has obtained a certificate of non-prosecution”.
It added: “The certificate serves as a legal confirmation that the National Prosecuting Authority (NPA) will not proceed with the prosecution following its consideration of the charges.”
Ramaphosa’s notice of motion made mention of such a certificate.
It said he wanted the application he was driving to be held urgently and wanted it ordered that Zuma and others, including the National Prosecuting Authority, “are interdicted from taking any further steps to give effect to the nolle prosequi certificate of 21 November 2022 … and/or the summonses… or to pursue the private prosecution”. (A nolle prosequi certificate indicates the NPA has declined to prosecute someone.)
The NPA issued a statement on 21 December, saying it had noted the summons (linked to Zuma’s attempted legal processes) issued on Ramaphosa.
It said it issued two nolle prosequi certificates in good faith in relation to a specific Pietermaritzburg case, and that the certificates “apply to any persons who are specifically mentioned in the docket”.
The NPA said the certificates were not issued in relation to Ramaphosa, and, in a separate statement, the Presidency said Zuma had not provided such a certificate “with charges in the name of Ramaphosa”.
In his notice of motion, Ramaphosa said he wanted the high court to excuse him from appearing in the dock on 19 January – which is when Zuma wanted him in court. The notice of motion also said Zuma should pay for the costs of Ramaphosa’s application.