By Lehlohonolo Lehana.
The Constitutional Court has dismissed an appeal bid by former president Jacob Zuma to pursue his private prosecution of Cyril Ramaphosa.
Zuma is accusing Ramaphosa of committing a criminal offence by not acting against State advocate Billy Downer and News24 Journalist Karyn Maughan in 2021 regarding a leaking of the former president’s medical records.
Previously the Johannesburg High Court ruled that Zuma’s case hinged on an ulterior motive.
In July 2023, the Supreme Court of Appeal ordered that Zuma’s private prosecution of Ramaphosa was unlawful and unconstitutional, and it was set aside. It also interdicted the private prosecution and declared the summons issued against the President to be unlawful and invalid. The matter was dismissed with costs, including those of two counsels, to be paid on the attorney and client scale.
But Zuma took the rulings on appeal, resulting in the ongoing private prosecution bid.
Apex Court on Tuesday, said appeal application came too late and there were no prospects of success.
The order reads: “The Constitutional Court has considered the application for condonation and the application for leave to appeal and has concluded that there is no adequate explanation for the applicant’s delay in bringing the application for leave to appeal and there are no reasonable prospects of success on the merits of the application for leave to appeal.
“Condonation must be refused and, as a consequence, the application for leave to appeal fails.”
The Court also decided not to award costs to the matter.
Zuma initiated private prosecution against Ramaphosa on the eve of the African National Congress (ANC) national elective conference on 15 December 2022.