Advocate Dali Mpofu. Picture: Gallo Images.
It’s expected to be another day of intense arguing in the South Gauteng High Court in the case involving President Cyril Ramaphosa and his predecessor Jacob Zuma.
The case set down for two days continues today and is being heard by a full bench.
Ramaphosa approached the court seeking an order to set aside Zuma’s attempt to privately prosecute him.
Zuma instituted a private prosecution against Ramaphosa on the eve of the African National Congress (ANC) national elective conference, accusing the president of being an “accessory after the fact” in a criminal offence against advocate Billy Downer, who is accused of contravening the NPA Act relating to the alleged “leak” of a document containing Zuma’s confidential medical information to journalist Karyn Maughan.
On Wednesday, advocate Dali Mpofu representing Zuma called some of the NPA’s heads liars and interrupted the lead judge presiding over the case.
Mpofu referred to the NPA as “disgraceful” because it publicly and legally supported Downer after Zuma launched a private prosecution against him and Maughan last year.
The NPA argued the nolle presequi certificates it issued in direct relation to the docket (Pietermaritzburg CAS 309/10/21) did not apply to Ramaphosa, as he was never identified as a suspect in Zuma’s case against Downer.
However, Mpofu argued that this was a lie and insisted that Ramaphosa was always a suspect in the case.
“Accessory after the fact by definition means after. The date is a definitional requirement that is, must be after. You cannot be an accessory to your own crime. There must be a perpetrator,” argued Mpofu.
ALSO READ: Mpofu says NPA falsely claimed Ramaphosa was not named in Zuma’s case against Downer
This resulted in a heated exchange between Mpofu and Judge Lebogang Modiba after she asked whether the question of the nolle prosequi certificate was “not in issue here”.
“The question whether the nolle applies to the president or not, this is not an issue here.”
Mpofu then loudly proclaimed “no, no, no … please” and was reprimanded by Modiba.
“No Mr Mpofu, I treat you with utter respect. I’m engaging you on the issues. I’ve got no predisposition. I’m a judge appointed in terms of the Constitution exercising my functions without fear, favour or prejudice, right. And I’m engaging you with respect and I expect the same from you.”
Mpofu said he was “prepared to die for” his submission that the NPA falsely claimed that Ramaphosa was not named in Zuma’s indictment against Downer.
Mpofu was also told to “moderate and tone down” his language by the justices after he accused the deputy national director of public prosecutions Rodney de Kock of lying. Meanwhile, the gallery was also warned they would be kicked out after they cheered during submissions made Zuma’s legal team.
Earlier in the case, Ramaphosa’s legal team argued that South Africa’s courts are not meant to “settle political scores” and “deal with personal animosity”.
Ramaphosa’s legal team, led by advocate Ngwako Maenetje, said the charges that Zuma was pursuing against Ramaphosa were “frivolous and vexatious”.
“With great respect, the courts are not there to be used for these sorts of cases, whether to settle political scores or to deal with personal animosity, that is not the place for the courts. The courts are here to defend the Constitution and uphold the rule of law under the Constitution, and this case calls for interference by this court,” he said.
ALSO READ: Ramaphosa vs Zuma: President’s advocate says courts not here to ‘settle political scores’
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