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

Former President Jacob Zuma’s private prosecution attempt against President Cyril Ramaphosa has been vehemently rejected by the Presidency.

Late on Thursday night, the Jacob Zuma Foundation released a cryptic media statement that Ramaphosa “has been charged in a private prosecution” as an “accessory after the fact in crimes committed” by Advocate Billy Downer.

What charges Ramaphosa faces from Zuma remain unclear, with the foundation only stating he had been “criminally charged”.

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‘Abuse’ of private prosecution

“The serious crimes for which Mr Ramaphosa has been charged with in a court of law carry the sentence of 15 years imprisonment,” the foundation said.

“The private prosecution has been duly instituted by H.E. President JG Zuma in the Johannesburg High Court where the accused person will make his first appearance on 19 January 2023.”

In response the “abuse of private prosecution process”, the Presidency said a this could only be instituted after a certificate of non-prosecution had been obtained. This serves as a legal confirmation that the National Prosecuting Authority (NPA) would not proceed with the prosecution after consideration of the charges.

“Mr. Zuma has not provided such a certificate with charges in the name of President Ramaphosa. The summon served to the President is hopelessly sub-standard and demonstrate absolute disregard of the law,” Presidency spokesperson Vincent Magwenya said.

He said Zuma’s charges were based on an accusation that Ramaphosa “failed to act” after the former president complained about the “improper conduct” of Advocates Downer and Andrew Breitenbach.

“These charges are completely spurious and unfounded.”

Letter referred to authorities

Zuma’s letter has since been referred to Department of Justice and Correctional Services Minister Ronald Lamola, who has also been requested to refer complaints against Downer and Breitenbach to the Legal Practice Council.

“President Ramaphosa does not interfere in the work of the NPA, nor does he have the power to do so. The President responded to Mr Zuma and took appropriate and legally permissible action.”

Compiled by Nica Richards. Additional reporting by Faizel Patel.

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