The high court in Johannesburg has concluded to deliver its judgment in the civil matter involving President Cyril Ramaphosa and his predecessor former president Jacob Zuma on Monday.
Ramaphosa approached the high court seeking an urgent interdict of Zuma’s private prosecution in which the former statesman is accusing him of being an “accessory” in the Zuma versus Karyn Maughan and Billy Downer matter.
Zuma launched a private prosecution bid against Ramaphosa on the eve of the ANC’s elective conference in December, 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.
Court proceedings
In a presidential showdown in court on Thursday, Ramaphosa’s legal representative, advocate Ngwako Maenetje, argued that the court has the jurisdiction to hear the president’s “urgent” application, and noted that his client’s rights would be trampled upon if Zuma’s private prosecution bid continues.
Ramaphosa has a right not to be hauled to a criminal court, according to Maenetje, who argued that the head of state is protected by law over this prosecution, which he referred to as being “unlawful”, because Zuma’s nolle prosequi certificate was invalid and did not apply to Ramaphosa.
Maenetje argued: “This prosecution is prima-facie unlawful. Why must my client be exposed to an unlawful prosecution. There is jurisdiction, this court can grant relief.”
However, advocate Dali Mpofu, who represents Zuma, believes that Ramaphosa is abusing court processes by seeking an urgent interdict order.
Mpofu argued that the former president did not charge Ramaphosa in his capacity as the president, but as an ordinary citizen or rather in his personal capacity.
“This is abuse of a court process by those who are rich and who, in this case, are using state resources wrongly, because he has not been charged as the president. It amounts to these 4 000 pages [Ramaphosa’s court papers] to try and do what?” Mpofu asked the court.
“This case is about one thing and one thing only; to avoid the appearance [in court] next week. All these other gymnastics, forget about them.”
In his response, Maenetje contended that Mpofu’s contention that the president is charged in his personal capacity is “laughable”.
Friends of the court
Earlier during the proceedings, the court dismissed an application by the Blackhouse Kollective Foundation, which sought to be friends of the court in the matter.
The foundation made a submission saying it has an interest in the case.
It argued that it should be allowed to be heard based on several decided cases it made reference to during the proceedings. However, the court asserted that it saw no relevance for the foundation to take part in the showdown.
Also read: Zuma and Ramaphosa face off in a legal showdown
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