The legal battle between former president Jacob Zuma and his successor Cyril Ramaphosa in regard to the Zuma versus Karyn Maughan and Billy Downer matter has suddenly captivated the judiciary.
The Jacob G Zuma Foundation disclosed on Tuesday that a full bench of the South Gauteng High Court will hear Ramaphosa’s urgent interdict application against the former stateman’s private criminal prosecution of him.
A court letter that Sunday World has seen indicates that consultations with the deputy judge president (DJP) resulted in a decision that the matter be heard physically in court by a full bench on Thursday.
Reads the letter: “After consultation with the DJP, it has been resolved that the above matter will be heard before a full court. The matter is set down for hearing on Thursday, 12 January 2023 at 10am before the honourable DJP Sutherland, honourable Molahlegi J and honourable Senyatsi J.
“The matter will no longer proceed virtually; the matter will be heard physically in court [court GC].”
According to Mzwanele Manyi, spokesperson for the foundation, Ramaphosa’s dispute is “frivolous because the main case [private prosecution] is set down for January 19”.
“This private prosecution has gone from being mocked as something to be ignored into something quite big that now requires a full bench,” said Manyi on the foundation’s group WhatsApp.
“It will be interesting to see how the full bench will deal with a defective affidavit from none other than the head of state. Notwithstanding that it is a welcome development that the advice for president Ramaphosa to ignore the summons has been exposed to be fundamentally flawed and ultra vires, but on the other hand given the Zuma laws we have been subjected to, one hopes that this is not another build-up of another shenanigans.
“Why would such a frivolous case require a full bench at the instance of the judiciary itself. Typically it is one of the parties that normally would request such. Is this perhaps one of those exceptional/exclusive treatments for the all-important president Ramaphosa? Would an ordinary citizen be given this kind of attention? Are we all equal before the law?”
Zuma launched a private prosecution against Ramaphosa on the eve of the ANC’s elective conference in December. Manyi confirmed at the time that the former president is suing his successor in relation to his case against Downer, the state prosecutor, and Media24 journalist Maughan, who he alleges unlawfully leaked his medical records.
At the time, 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 [National Prosecuting Authority] Act” in his corruption case.
However, the Presidency subsequently refuted the allegations, saying Zuma is abusing legal processes, and stating that the charges are “spurious and unfounded”.
Ramaphosa filed an urgent interdict application in which he argued that 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.
Said the Presidency: “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 certificate serves as a legal confirmation that the NPA 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.”
In his answering affidavit, Zuma disputed the matter of “urgency”, thereby opposing Ramaphosa’s application. According to Zuma, there is no urgency, saying that “any urgency that may exist is self-created”.
“It will be amply demonstrated that the application is neither urgent nor deserving of this court’s attention. It represents an extreme case of the egregious abuse of this court’s process and is designed to shield the applicant from accountability for his alleged criminal conduct,” Zuma said.
Manyi maintains that Ramaphosa remains criminally charged and is expected to appear in court on January 19. “Mr Ramaphosa remains criminally charged and is to appear before the Johannesburg High Court in person on the 19th of January 2023 at 09h30,” he said previously.
Also read: Ramaphosa’s interdict application against Zuma rescheduled
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