Ramaphosa gives Zuma until Monday to withdraw private prosecution

President Cyril Ramaphosa has given his predecessor, former president Jacob Zuma, until Monday to withdraw his private prosecution against him.

Zuma’s private prosecution of Ramaphosa

This after the Jacob Zuma Foundation – on the eve of the ANC’s 55th national elective conference – released a statement on Thursday stating that the former president had instituted a private prosecution of Ramaphosa in Zuma’s bid to have the National Prosecuting Authority‘s (NPA) lead prosecutor, Advocate Billy Downer, removed from the arms deal corruption trial.

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In its statement, the foundation said Zuma had severed summons on Ramaphosa “for being an accessory after the fact in the crimes committed by among others Advocate [Billy] Downer namely, [for] breaching the provisions of the NPA Act”.

The foundation added that Zuma had set in motion the private prosecution in the Johannesburg High Court and that Ramaphosa was expected to appear in court on 19 January 2023.

The Presidency rejected Zuma’s private prosecution as an abuse of legal processes, saying in accordance with the Criminal Procedure Act, a private prosecution could only be instituted after Zuma had obtained a certificate of non-prosecution from the NPA.

“Mr Zuma has not provided such a certificate with charges in the name of President Ramaphosa. The summons served to the president is hopelessly sub-standard and demonstrates [an] absolute disregard of the law,” said Ramaphosa’s spokesperson, Vincent Magwenya, in a statement.

Ramaphosa hits back

Following Thursday’s developments, the State Attorney on Saturday served Zuma’s lawyers with a letter to withdraw the private prosecution of Ramaphosa by Monday or it will take further steps “as may be required”.

The letter stated that Zuma’s “purported summons” served on Ramaphosa’s private residence was invalid and did not include a nolle prosequi certificate issued by the NPA.

The State Attorney’s letter said Zuma’s private prosecution amounted to an abuse of court processes and a violation of the integrity of the country’s Constitutional institutions.

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The letter said the summons for Ramaphosa to appear in court on 19 January was “an act that in law may and must be ignored” by the president.

The State Attorney said the claims made by Zuma against Ramaphosa were “clearly premised on an alleged failure by the Office of the State President” and not Ramaphosa as an individual.

It said added that Zuma’s summons appeared to halt Ramaphosa’s candidature for the ANC’s presidency as he seeks re-election for a second term at the governing party’s conference in Nasrec.

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