Zuma foundation says Ramaphosa faces 15 years ‘if case is strong’

The Jacob Zuma Foundation said if the “criminal case” against President Cyril Ramaphosa is “as strong as the Prosecution believes”, he could face up to 15 years in prison.

In a response to the Presidency rejecting former President Jacob Zuma’s private prosecution against Ramaphosa, the foundation said the “legal import and implication of the charges” had not been grasped.

Case to be heard

“The case will be ventilated in the South Gauteng High Court in Johannesburg from 19 January 2023,” a statement from the foundation read.

ALSO READ: Zuma’s ‘criminal charges’ against Ramaphosa slammed for being ‘unfounded and spurious’

Late on Thursday night, 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 was released.

What charges Ramaphosa faces from Zuma remain unclear, with the foundation only stating he had been “criminally charged”.

Certificate

In response to 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.

“Mr. Zuma has not provided such a certificate with charges in the name of President Ramaphosa. The summon served to the President is hopelessly sub-standard and demonstrate absolute disregard of the law,” Presidency spokesperson Vincent Magwenya said.

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.”

ALSO READ: Zuma foundation claims to have instituted private prosecution of Ramaphosa

The foundation, however, argues that Zuma was issued a revised nolle prosequi certificate by the NPA in November, entitling him to prosecute anyone in connection with the Zuma vs Downer saga.

“In its wisdom the NPA chose to cast the net even wider than the specific request of the Private Prosecutor and included ‘any person’ connected to the matter. In law it includes all those who are perpetrators, accomplices or accessories after the fact, one of whom is Mr Cyril Ramaphosa.

“The matter is that simple and straight forward.”

“[T]here is absolutely no difference between being charged by the NPA vs being charged by a private prosecutor. That is exactly why a private prosecutor must first obtain a certificate of non-prosecution issued by the NPA,” the foundation said.

The Presidency said earlier Zuma’s letter had 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 Mr Zuma and took appropriate and legally permissible action.”

No response on the latest statement by the foundation has been isused by the Presidency.

Compiled by Nica Richards. Additional reporting by Faizel Patel.