President Cyril Ramaphosa has rejected former president Jacob Zuma’s move late on Thursday to launch a private prosecution against him.
According to the Jacob G Zuma Foundation, the former president is suing his successor in relation to his case against state prosecutor Billy Downer and Media 24 journalist Karyn Maughan, who he alleges unlawfully leaked his medical records.
The foundation said Ramaphosa was “an accessory after the fact in the crimes committed by among others advocate Downer, namely breaching the provisions of the NPA Act” in his corruption case.
However, the Presidency refuted the allegations, saying Zuma is abusing legal processes, and stating that the charges are “spurious and unfounded”.
“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,” the Presidency said on Friday.
“The certificate serves as a legal confirmation that the National Prosecuting Authority will not proceed with the prosecution following its consideration of the charges.
“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 absolute disregard of the law.”
The Presidency said the matter has been referred to Justice Minister Ronald Lamola, who has oversight of the NPA.
“President Ramaphosa promptly responded to Mr Zuma’s letter indicating steps he had taken, including referring the matter to the Minister of Justice and Correctional Services, Ronald Lamola, who bears the oversight responsibility over the NPA.
“President Ramaphosa requested minister Lamola to refer complaints of improper conduct against advocates Downer and [Andrew] 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,” the Presidency said.
Zuma’s private prosecution bid came on the eve of the ANC’s 55th National Conference, where Ramaphosa will be contesting for a second term as president of the organisation.
In a tweet on Friday, Carl Niehaus, who was expelled from the ruling party this week, said now that Ramaphosa has been charged, he must step aside.
“In terms of his own rules, stipulating that those who have been charged with a crime must ‘step aside’, Ramaphosa must now step aside. There can be no selective justice. What is true for the goose must be true for the gander,” wrote Niehaus.
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