By Lehlohonolo Lehana.
President Cyril Ramaphosa and his predecessor Jacob Zuma faced off again in court as the president seeks an order to review and set aside his private prosecution by Zuma.
The matter is set to be heard in the Johannesburg High Court with the hearing scheduled for the 17th and 18th of May.
Zuma instituted a private prosecution in December 2022 against prosecutor Billy Downer and journalist Karyn Maughan based on Downer giving Maughan a copy of a medical records that were later disclosed in court proceedings.
Zuma then instituted a private prosecution against Ramaphosa on 15 December in a bid to have Downer removed from the arms deal corruption trial.
He based his attempt to prosecute Ramaphosa on an accusation that the president failed to act after he complained that Downer had behaved improperly.
Zuma’s lawyers has since brought a new application in the KwaZulu-Natal High Court in Pietermaritzburg to remove Downer from his arms deal corruption trial.
Ramaphosa then approached the high court on an urgent basis and obtained an interim interdict against Zuma by a full bench of the South Gauteng High Court in Johannesburg in January, preventing any further steps in the prosecution.
Ramaphosa’s legal team has argued that South Africa’s courts are not meant to ‘settle political scores’ and ‘deal with personal animosity’.
His legal team, led by Advocate Ngwako Maenetje, said the charges that Zuma is pursuing against Ramaphosa are “frivolous and vexatious”.
“With great respect, the courts are not there to be used for these sorts of cases, whether to settle political scores or to deal with personal animosity, that is not the place for the courts. The courts are here to defend the Constitution and uphold the rule of law under the Constitution, and this case calls for interference by this court.”
Maenetje contended that it was not possible, through “any mental gymnastics”, to say that the nolle prosequi certificates issued against Downer could be used to prosecute the president.
“Even if Zuma has a genuine gripe some day or other, he can’t use these two certificates… We submit that the registrar was wrong to issue a summons.
“It is abundantly clear that the certificates don’t relate to any alleged charge against Ramaphosa. We would submit with respect that the case ends right here.“
Maenetje also argued that the certificate used by Zuma to pursue Ramaphosa had lapsed and that there was no evidence that Ramaphosa had committed a criminal offence.
Ramaphosa’s conduct was “perfectly lawful”, he added.
Maenetje said Zuma only paid the security required for him to pursue his private prosecution against Ramaphosa in April, despite this being a requirement for him to issue the summons against the president, which he did months before.
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