Mpofu says NPA falsely claimed Ramaphosa was not named in Zuma’s case against Downer

Advocate Dali Mpofu, arguing for former president Jacob Zuma, submitted in court that the National Prosecuting Authority (NPA) had falsely claimed that President Cyril Ramaphosa was not named in Zuma’s indictment against Advocate Billy Downer.

Ramaphosa has approached the Johannesburg High 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 alleged against Downer, who is accused of improperly sharing information in terms of the NPA Act.

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The NPA has argued it issued the nolle presequi certificates “in direct relation to the docket (Pietermaritzburg CAS 309/10/21) which contained statements and affidavits relating to specific individuals for alleged contravention of Section 41 (6) read with Section 41 (7) of the NPA act”.

“The nolle certificates apply to any persons who are specifically mentioned in the docket. The President was not mentioned in any of the affidavits or statements, and thus the certificates were not issued in relation to him,” it said.

NPA’s claim ‘false’

But Mpofu argued in court on Wednesday that the NPA’s claim was “false”.

“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.

Ramaphosa’s legal counsel Advocate Ngwako Maenetje further argued that Zuma’s private prosecution of the president was for ulterior motives.

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“That certificate had nothing to do with the president. The private prosecution is for an ulterior purpose and constitutes an abuse of court processes. The first respondent lacks a substantial interest in that prosecution because the charge is frivolous and vexatious. When all of this is taken together, you have a private prosecution that is in breach of the rule of law, which threatens his constitutional rights,” he said.

Ramaphosa must prove his innocence

Ramaphosa, “like all the accused and charged persons against whom there is a prima facie case and in respect of whom the NPA has issued a nolle prosequi certificate, must face his trial and exercise his right to prove his innocence. This must be done in the criminal courts not in the civil courts, let alone the urgent motion court,” argued Zuma’s legal team.

The proceedings continue on Thursday.

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