- Jacob Zuma's intention to have a private prosecution against him, according to President Cyril Ramaphosa, is a misuse of the legal system and a perversion of private prosecutions.
- On Thursday, Zuma declared that he will charge Ramaphosa with violating the NPA Act for "becoming [an] accessory after the fact to crimes done by among others Adv [Billy] Downer."
- In Zuma's private prosecution of lawyer Billy Downer and News24 journalist Karyn Maughan, Ramaphosa wasn't included as a respondent.
Early on Friday morning, the Presidency released a statement in which Ramaphosa denounced Zuma's action with the "utmost disrespect" and called it a "perversion" of the private prosecution clause as well as a "abuse of judicial procedure."
"A private prosecution may only be launched in conformity with the Criminal Procedure Act if the person filing it has received a certificate of non-prosecution. The certificate acts as a formal declaration that the National Prosecuting Authority (NPA) has decided not to pursue the case after considering the allegations, "read the statement from the presidency.
"Such a certificate with charges made in the name of President Ramaphosa has not been produced by Mr. Zuma. The summons served to the President is hopelessly sub-standard and demonstrates an absolute disregard of the law."
According to spokesperson for the presidency Vincent Magwenya, Zuma's accusations were based on a claim that Ramaphosa did nothing after the president was alerted of possible inappropriate behaviour by Downer and attorney Andrew Breitenbach SC.
He declared, "These accusations are totally false and unjustified."
"In a swift reply to Mr. Zuma's letter, President Ramaphosa detailed the actions he had taken, including reporting the issue to Ronald Lamola, the minister of justice and correctional services, who has supervisory authority over the NPA. President Ramaphosa requested Minister Lamola to refer complaints of improper conduct against advocates Downer and Breitenbach to the Legal Practice Council."
Zuma's latest legal manoeuvre appears to stem from a new "nolle prosequi" certificate he obtained for his proceedings against Downer and Maughan.
The accusations against Maughan and Downer are connected to the News24 article that provided an update on Zuma's health. The medical record was included with the documents that were submitted to the High Court in 2021. Unless a judge orders otherwise, documents filed with the court are assumed to be public records. In this case, there was no instruction.
The specifics of Zuma's ailment were not disclosed.
Maughan didn't get it from Downer either, to add to that.
Last year, Zuma filed a criminal complaint against Downer. Because Ramaphosa was not a defendant in this case, the nolle prosequi certificate did not apply to him.
When he made the accusation to the Pietermaritzburg police, Zuma simply requested that Downer be looked into, and he only mentioned Ramaphosa once.
On Friday morning, the JG Zuma Foundation announced in a statement that this was the nolle prosequi certificate Zuma's prosecution of Ramaphosa was predicated on. Ramaphosa was not mentioned in Ntanga's letter to Zungu.
Furthermore, the certificate was granted by the DPP of KwaZulu-Natal, and according to the JG Zuma Foundation, Zuma would pursue Ramaphosa in the Gauteng High Court in Johannesburg, raising the issue of jurisdiction.
According to the foundation's statement on Friday, there is no difference between being charged by the NPA and being charged by a private prosecutor under South African law.
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