By Lehlohonolo Lehana.
President Cyril Ramaphosa has given Jacob Zuma a further two days to withdraw summons purporting to charge him in a private prosecution.
Ramaphosa’s lawyers will approach the court without delay for an interdict halting the process and would claim punitive costs.
The letter from the state attorney on behalf of the president says it wanted the summons to be unconditionally withdrawn as it reflected the former president’s attorneys’ lack of understanding of the law. It also said it believed the summons would be declared unconstitutional and invalid.
It added, “We hold instructions to approach the court for appropriate interdictory relief pending the setting aside of the summons. Alternatively, the summons and the certificate, should your client decline to withdraw the summons unconditionally. “
Zuma announced on Thursday that he had instituted a private prosecution against Ramaphosa in the Gauteng High Court in Johannesburg. He accused Ramaphosa of being an “accessory after the fact” to alleged misconduct by advocate Billy Downer, the prosecutor in his arms deal corruption case.
The State Attorney dismissed this accusation and attached a letter, dated 25 August 2021, in which Ramaphosa informed him that he had referred the misconduct allegations against Downer to the Department of Justice and Correctional Services.
On Friday, presidential spokesperson Vincent Magwenya said Ramaphosa requested the justice minister to refer the misconduct charges against Downer to the Legal Practice Council.
The State Attorney also denied the accusation that it or Ramaphosa shared the letter addressed to Zuma on 17 December in response to the summons against the president with News24 legal journalist Karyn Maughan. It said this was concerning, considering Zuma’s charges against Maughan and Downer.
Zuma alleges the two are in criminal breach of this injunction because the NPA’s counsel gave Maughan a document that talked about Zuma’s medical condition.The document had been electronically filed and was later disclosed in open court, attached by Zuma to his court papers.
Downer is prosecuting Zuma on behalf of the State for arms deal-related corruption.
Zuma is accused of receiving 791 payments, totalling R4.1-million, between 1995 and 2004 from his former financial adviser/economic adviser Schabir Shaik, and Shaik’s companies, to help Thales secure lucrative defence contracts from the government as part of the country’s armaments deal.
Downer was part of the original team that successfully secured Shaik’s conviction in 2005. Shaik was released on medical parole in March 2009.
Zuma is facing one count of racketeering, two counts of corruption, one count of money laundering and twelve counts of fraud. Thales is facing one count of racketeering, two counts of corruption and one count of money laundering.