By Lehlohonolo Lehana.
The African National Congress (ANC) Electoral committee has dismissed former President Jacob Zuma’s bid to privately prosecute President Cyril Ramaphosa.
Secretary of the ANC’s Electoral Committee, Chief Livhuwani Matsila, has clarified the committee’s stance on former president Jacob Zuma’s private prosecution of Cyril Ramaphosa.
“The summons lodged in court by the JZ Foundation of [the] former president of the ANC, Comrade Jacob Zuma, against the President of the ANC, Comrade Cyril Ramphosa are not criminal charges in the court of law. Therefore, such summons are irrelevant and not applicable during the vetting process of the ANC Electoral Committee.
“The Electoral Rules as approved by the National Executive Committee of the ANC disqualify anyone who is criminally charged with a serious crime or corruption in the court of law. The ANC defines a serious crime as one that could result in a prison sentence of 12 months or more, with or without an option of fine,” said Matsila.
Zuma’s new attempt to privately prosecute Ramaphosa is also based on Downer’s corruption prosecution of the former president. In this instance, Zuma claims that he reported alleged prosecutorial misconduct on Downer’s part to Ramaphosa, but Ramaphosa failed to act.
Hence the idea that Ramaphosa is an “accessory after the fact” to Downer’s alleged misdeeds.
The Presidency hit back on Friday, 16 December, by releasing a statement terming the charges “completely spurious and unfounded”.
On the claims that Ramaphosa failed to act when Zuma alerted him of potential improper conduct by State prosecutors, presidential spokesperson Vincent Magwenya said Ramaphosa immediately referred the matter to Justice Minister Ronald Lamola and asked him to notify the Legal Practice Council.
Moreover, according to the Presidency, Ramaphosa notified Zuma at the time that he had done so.
More significantly, the Presidency pointed out that Zuma had failed to follow the proper protocols when it came to private prosecutions in South Africa.
“In accordance with the Criminal Procedure Act, a private prosecution can only be instituted after the individual prosecuting has obtained a certificate of non-prosecution [a nolle prosequi certificate],” Magwenya wrote.
“The certificate serves as legal confirmation that the National Prosecuting Authority (‘NPA’) will not proceed with the prosecution following its consideration of the charges.”
The Jacob G Zuma Foundation was in no way cowed by the Presidency’s response — or it is simply seeking to drag out the issue for as long as possible to create confusion around Ramaphosa’s eligibility at the electoral conference.