Former president Jacob Zuma. Picture: Michel Bega
The Jacob Zuma Foundation has accused the National Prosecuting Authority (NPA) of lying when it said President Cyril Ramaphosa was not mentioned in the nolle prosequi certificates.
The foundation on Thursday also rejected the NPA’s statement that the nolle prosequi certificates it issued to former president Jacob Zuma and his legal team did not extend to Ramaphosa.
Last week, on the eve of the 55th ANC Elective Conference, Zuma instituted a private prosecution summons against Ramaphosa in a bid to have the 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”.
Ramaphosa’s lawyers wrote to Zuma demanding he withdraw the private prosecution by latest Wednesday.
On Wednesday, the NPA’s advocate Rodney De Kock, the head of prosecution services, said the NPA had issued two “nolle prosequi” certificates in good faith to Zuma 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.”
De Kock, 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”.
ALSO READ: UPDATE: NPA backs Ramaphosa, says no private prosecution certificate issued to Zuma
However, the Jacob Zuma Foundation has rejected the NPA’s statement.
“The foundation rejects with the contempt it deserves, the improper and unprofessional attempt by the NPA to play the judge in interpreting its own certificate which is the subject of a dispute between the private prosecutor and an accused person.”
“The crux of the NPA statement is that the certificates were not issued in relation to the president because “the president was not mentioned in any of the affidavits and statements” which form part of the docket. Nothing could be further from the truth. This statement is demonstrably false and it is nothing but a thinly veiled attempt to rescue Mr Ramaphosa,” it said.
The foundation said it is “mind-boggling” how any member of the NPA who has had any sight of the docket can even begin to falsely state that Ramaphosa is not mentioned in the docket.
“Indeed, even if the denial was true, it would still be inappropriate for the NPA to so blatantly take sides in favour of a criminal suspect.
“Section 13 of the Criminal Procedure Act allows the NPA to – apply by motion to the court before which the private prosecution is pending to stop all further proceedings in the case in order that a prosecution of the offence in question may be instituted, or, as the case may be, continued at the instance of the State, and the court shall make such an order.”
The foundation said beyond that role, the NPA has no business interfering in the matter and has labelled the prosecuting authority’s decision to weigh in on the matter “improper and unprofessional”.
“We challenge the NPA to tell the country once and for all whether it is prepared to prosecute Mr Ramaphosa as an accessory after the fact in respect of the offences raised in the police complaint.
“If so then the private prosecution must be stopped. If not, then it will have no option but to issue a certificate to that effect, which will bring us to the exact same position as the present.
“This shows the futility of the NPAs intervention which constitutes further abuse of state resources which has characterised this matter by certain organs such as the state attorney and the spokesperson in the Presidency,” the foundation said.
The foundation’s spokesperson Mzwanele Manyi also asked the NPA to issue an apology.
“You need to issue a public apology. You lied. President Ramaphosa is mentioned in the PMB SAPS Docket. Make the docket public for all to see.”
The foundation said Ramaphosa remained criminally charged and is to appear before the Johannesburg High Court in person on 19 January 2023, at 9.30am.
LISTEN: Will Niehaus keep his word and ‘leave the ANC’ now that Ramaphosa’s been re-elected?
Download our app and read this and other great stories on the move. Available for Android and iOS.
