By Lehlohonolo Lehana.
President Cyril Ramaphosa has reacted angrily to former President Jacob Zuma instituting private prosecution against him.
Ramaphosa says this is a clear abuse of the legal processes and the case is hopelessly sub-standard and shows a complete disregard of the rule of law.
On Thursday evening, the Jacob Zuma Foundation released a cryptic media statement that Ramaphosa “has been charged in a private prosecution” as an “accessory after the fact in crimes committed” by Advocate Billy Downer.
“The private prosecution has been duly instituted by H.E. President JG Zuma in the Johannesburg High Court where the accused person will make his first appearance on 19 January 2023.”
Advocate Billy Downer is prosecuting Zuma on behalf of the State for arms deal-related corruption.
Zuma is seeking to privately prosecute Downer and News24 specialist legal writer Karyn Maughan for allegedly violating the NPA Act through the sharing of court documents – filed by Zuma’s lawyers and the State – that contained a sick note from the former president’s military doctor.
The foundation has produced the certificate of NPA’s non prosecution of Ramaphosa or any other person implicated in the Downer case. It claims that it is on this basis that Zuma is now privately prosecuting Ramaphosa.
In response the “abuse of private prosecution process”, the Presidency said a this could only be instituted after a certificate of non-prosecution had been obtained. This serves as a legal confirmation that the National Prosecuting Authority (NPA) would not proceed with the prosecution after consideration of the charges.
He said Zuma’s charges were based on an accusation that Ramaphosa “failed to act” after the former president complained about the “improper conduct” of Advocates Downer and Andrew Breitenbach.
“These charges are completely spurious and unfounded.”
Zuma’s letter has since been referred to Department of Justice and Correctional Services Minister Ronald Lamola, who has also been requested to refer complaints against Downer and Breitenbach to the Legal Practice Council.
“President Ramaphosa does not interfere in the work of the NPA, nor does he have the power to do so. The President responded to Zuma and took appropriate and legally permissible action.”