Zuma vs Ramaphosa: The private prosecution battle continues

It’s been one court battle after another, with former president Jacob Zuma’s private prosecution of the country’s president Cyril Ramaphosa expected to resume on Thursday.

The Jacob Zuma Foundation spokesperson Mzwanele Manyi said the former president and uMkhonto weSizwe (MK) party leader is expected to attend the proceedings in person at the Johannesburg High Court.

“The purpose of the appearance is to update the criminal court of the progress in the ongoing appeals in the SCA (Supreme Court of Appeal) against the court order reviewing and setting aside the summons served on the accused [Ramaphosa] in December 2022 at his home and in his personal capacity.”

Zuma vs Ramaphosa

Zuma initiated private prosecutions against Ramaphosa on the eve of the African National Congress’ (ANC) national elective conference on 15 December 2022.

He accused Ramaphosa of being an “accessory after the fact” to another private prosecution he was pursuing against prosecutor Billy Downer and journalist Karyn Maughan for an alleged breach of the National Prosecuting Authority (NPA) Act.

Zuma also accused Downer, who is the lead prosecutor in his arms deal corruption trial, of allegedly leaking his confidential medical information to Maughan in August 2021.

The former president accused Ramaphosa of failing to act after he complained about Downer.

ALSO READ: Let it go: Zuma’s court applications, appeals ‘ridiculous

Losing streak

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.

Judges Mahomed Ismail, Selby Baqwa and Lebogang Modiba said Zuma brought the private prosecution against Ramaphosa “for an ulterior purpose in what amounts to an abuse of this court’s process”.

However, Zuma appealed the matter and in September the same court dismissed his application for leave to appeal with costs in a unanimous judgment.

The court also found the certificates on which the prosecution was based were vague, and one of them, initially issued in respect of Downer, did not apply to Ramaphosa.

Still not not satisfied, Zuma took the fight to privately prosecute Ramaphosa to the Supreme Court of Appeal (SCA).

Stalingrad strategy

Meanwhile, the Pietermaritzburg High Court will hand down judgment on 17 April in Zuma’s bid to privately prosecute Downer and Maughan.

Zuma’s case returned to court on Tuesday, after an order preventing further prosecution against the duo pending any more appeals by the former president.

He is charging the duo for the alleged unlawful leaking of his confidential doctor’s letter.

Zuma has filed a series of appeals in a long cycle of challenges to privately prosecute Downer and Maughan.

Three full benches confirmed that the Pietermaritzburg High Court’s finding in June 2023 that the private prosecution of Downer and Maughan for alleged breaches of the NPA Act was an “abuse of the process of court”, had been pursued for an ulterior purpose, and was part Zuma’s ‘Stalingrad strategy’ to avoid trial for the arms deal corruption matter.

ALSO READ: Court to rule on Zuma’s private prosecution of Downer and Maughan