Ramaphosa vs Zuma: Urgent interdict application rescheduled

The Jacob Zuma Foundation has announced that the application brought by President Cyril Ramaphosa against former President Jacob Zuma has been rescheduled.

The application was scheduled to be heard in the Johannesburg High Court on Tuesday.

Zuma filed his answering affidavit opposing Ramaphosa’s urgent application to the High Court in Johannesburg interdicting the former president from pursuing his private prosecution against him.

Zuma said there was no urgency in the matter and that “any urgency that may exist is self-created”.

Rescheduled

Jacob Zuma Foundation’s Mzwanele Manyi said the application will now be argued on Thursday, 12 January 2023, in the Johannesburg High Court “as directed by the judge allocated to the matter”.

“Opposing affidavits for 1st, 2nd and 3rd respondents is 12pm on 9 January 2023. Applicant to file answering affidavit on 10th January 2023 by 12pm. All parties to file their heads of arguments on 11 January 2023, by 12pm. The case will be heard on 12 January 2023.

“So, the screaming headlines that ‘Zuma missed the deadline’ belong to fake news. The deadline that counts is the one set by the judge,” Manyi said.

Private prosecution

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 Advocate William Downer, who is accused of improperly sharing information in terms of the NPA Act.

Ramaphosa gave Zuma until 21 December to withdraw his summons, but Zuma remained adamant to prosecute him and that he should appear in court on 19 January.

ALSO READ: Karyn Maughan challenging prosecution a ‘stillborn attempt’ to ‘prevent inevitable’ – Zuma

Ramaphosa hits back

In his application, Ramaphosa argued that in accordance with the Criminal Procedure Act, a private prosecution can only be instituted after the individual prosecuting has obtained a certificate of non-prosecution.

“Mr Zuma has not provided such a certificate with charges in the name of President Ramaphosa and the summon served to the president is hopelessly sub-standard and demonstrate absolute disregard of the law,” said Ramaphosa in his responding affidavit, adding that the private prosecution against him was “unlawful” and “unconstitutional”.

Ramaphosa’s affidavit ‘defective’

In his answering affidavit opposing Ramaphosa’s urgent application, Zuma said the president’s affidavit was “defective, extremely abusive, frivolous and vexatious”.

“It will be amply demonstrated that the application is neither urgent nor deserving to this court’s attention. It represents an extreme case of the egregious abuse of this court’s process and is designed to shield the applicant from accountability for his alleged criminal conduct,” Zuma said in his affidavit.

Additional reporting by Vhahangwele Nemakonde

ALSO READ: ‘Urgency of matter is self-created’ – Zuma files answering affidavit opposing Ramaphosa’s application