Zuma dealt a blow after private prosecution of Ramaphosa declared unlawful

The Gauteng High Court in Johannesburg has set aside former president Jacob Zuma’s private prosecution of current President Cyril Ramaphosa, with the judge declaring the application unlawful and unconstitutional.

Private prosecution

The former president initiated private prosecutions against Ramaphosa on the eve of the ANC‘s national elective conference on 15 December last year.

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

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

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Judgment

In their ruling, judges Mahomed Ismail, Selby Baqwa and Lebogang Modiba said Zuma’s private prosecution of the president was unlawful.

“Mr Zuma’s private prosecution of Mr Ramaphosa in respect of the charges set out in the summons and grounded on the allegations set out in the summary of facts attached to the summons is interdicted,” read the judgement.

The judges said Zuma brought the private prosecution against Ramaphosa “for an ulterior purpose in what amounts to an abuse of this court’s process”. 

“Therefore, he lacks a peculiar and substantial interest in the issue of the private prosecution instituted against Mr Ramaphosa. The charges would not lead to a conviction as they are grounded on conduct that does not constitute a criminal offence. Therefore, the private prosecution constitutes an abuse of process.”

Nolle prosequi certificates

The court also found the nolle prosequi certificates, upon which the prosecution was based were vague and one of them, originally issued in respect of Downer, does not apply to Ramaphosa.

“The summons, issued against Ramaphosa on December 15 and 21 last year — on the “strength of nolle prosequi certificates that are vague and do not relate to Ramaphosa” — were also unlawful, invalid and unconstitutional, said the court. “They therefore fall to be set aside.”

Zuma has also been ordered to pay Ramaphosa’s costs, including the costs of two of his counsel.

“Mr Zuma’s private prosecution of Mr Ramaphosa instituted under the summons is unlawful and unconstitutional and is set aside.”

Reaction

In welcoming the ruling, ANC secretary-general Fikile Mbalula said the governing party members hoped that the case was now put to bed “once and for all”.

“We haven’t been very vocal about this matter, but we don’t want to infringe on the rights of individuals when they defend what is duly their own integrity and right to take matters of that nature for [private] prosecution,” Mbalula said.

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