UPDATE: NPA backs Ramaphosa, says no private prosecution certificate issued to Zuma

It is d-day for former president Jacob Zuma to confirm whether he will withdraw his private prosecution of his successor and newly elected African National Congress (ANC) leader Cyril Ramaphosa.

Private prosecution of Ramaphosa

In a bold move last week, Zuma instituted a private prosecution summons against Ramaphosa in a bid to have the National Prosecuting Authority‘s (NPA) lead prosecutor, Advocate Billy Downer, removed from the arms deal corruption trial.

Zuma accused Ramaphosa “for being an accessory after the fact in the crimes committed by among others Downer namely for breaching the provisions of the NPA Act”.

Downer and journalist Karyn Maughan are also the subject of private prosecution proceedings instituted by the former president who claimed Downer leaked his confidential medical records to Maughan.

Inaccuracies in summons

However, the state attorney in a letter hit back at Zuma identifying various inaccuracies in the summons.

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

UPDATE: The NPA said it issued to nolle presequi certificates “in good faith and in compliance with Section 7 of the Criminal Procedure Act”.

“These certificates were issued 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 NPA clarified: “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 Zuma’s private prosecution amounted to an abuse of court processes and a violation of the integrity of the country’s constitutional institutions.

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

ALSO READ: Zuma’s ‘criminal charges’ against Ramaphosa slammed for being ‘unfounded and spurious’

Zuma tenacious

Meanwhile, Zuma has no inclination of withdrawing his private prosecution.

In a tweet, the Jacob Zuma Foundation said Ramaphosa will appear in court on 19 January 2023.

“Just for avoidance of any confusion, the summons for President Ramaphosa to appear in Court on the 19th January 2023 for criminal charges will not be withdrawn.”

 “The 21 December 2022 extension was merely to address frivolous side issues like where-else to serve summons etc,” it said.

ALSO READ: ‘Political life won’t be better under Ramaphosa now that he survived’ – Habib