ConCourt dismisses Zuma’s private prosecution appeal against Ramaphosa

Former president Jacob Zuma has been dealt another legal blow after the Constitutional Court dismissed his application for leave to appeal his private prosecution bid against President Cyril Ramaphosa.

The decision comes days before Ramaphosa delivers his State of the Nation address (Sona) at the Cape Town City Hall on Thursday.

Judgement

In its judgment, the apex court found no reasonable prospects of success.

“The Constitutional Court has considered the application for condonation and the application for leave to appeal and has concluded that there is no adequate explanation for the applicant’s delay in bringing the application for leave to appeal and there are no reasonable prospects of success on the merits of the application for leave to appeal.

“Condonation must be refused and, as a consequence, the application for leave to appeal fails. The Court has decided not to award costs,” it ruled.

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Legal battles

The Johannesburg-based Gauteng High Court previously dismissed the case.

In July last year, a full bench of the Gauteng High Court set aside Zuma’s private prosecution of Ramaphosa, saying it was unlawful and unconstitutional. In September, the court refused him leave to appeal, saying an appeal had no prospects of success.

Additionally, the Supreme Court of Appeal (SCA) and the High Court denied Zuma’s appeal.

Not satisfied, the former president said he would not give up on his private prosecution case against Ramaphosa and would continue to pursue the matter until the end.

During proceedings in the Gauteng High Court last year, Advocate Dali Mpofu, representing Zuma, said the former ANC  leader was taking his private prosecution case against Ramaphosa to the Constitutional Court because the SCA dismissed a reconsideration application in May last year.

Prosecuting Ramaphosa

Zuma, who now leads the uMkhonto weSizwe party (MK), initiated private prosecutions against Ramaphosa on the eve of the ANC 55TH national elective conference on 15 December 2023.

Zuma accused Ramaphosa of being an “accessory after the fact” in a criminal offence involving State Advocate Billy Downer.

Zuma accused Downer – the lead prosecutor in his arms deal corruption trial – of violating the National Prosecuting Authority (NPA) Act by allegedly leaking his confidential medical information to journalist Karyn Maughan in August 2021.

This case was also recently set aside after the High Court in Pietermaritzburg dismissed the private prosecution initiated by Zuma.

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‘Give it up’

Zuma based his attempt to prosecute Ramaphosa on an accusation that the president failed to act after he complained that Downer had behaved improperly.

In 2023, prominent defence attorney William Booth said Zuma’s plethora of applications brought before the various courts in his attempt to appeal rulings against him were “ridiculous” and that it was time for the courts to set a precedent against such applications.

Booth said Zuma should just let it go.

The apex court’s dismissal of the private prosecution of Zuma should bring the matter by the former head of state to an end.

Meanwhile, after nearly two decades of legal tussles, Zuma is set to stand trial on 14 April 2025 on arms deal corruption and money-laundering charges.

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