The next leg of the presidential showdown where Jacob Zuma seeks to privately prosecute his successor is looming as the former president refuses to give up the ghost.
Zuma and his successor, President Cyril Ramaphosa, faced off at the Johannesburg High Court on Thursday where the president sought 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.
Arguments in court
During the proceedings, 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.
Maenetje said Ramaphosa has a right not to be hauled to a criminal court, further arguing that the head of state is in fact protected by the law over this “unlawful” prosecution, because Zuma’s nolle prosequi certificate was invalid and did not apply to his client.
However, advocate Dali Mpofu, who represents Zuma, said 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.
Judgment
Handing down his judgment on Monday, Gauteng deputy judge president Roland Sutherland said Ramaphosa’s legal team had made a strong case that he should not be hauled before an “illegal prosecution”.
Sutherland ruled that a prima-facie issue of personal rights and freedom was violated, suggesting that the urgency of the matter was self-created.
“The harm of being submitted to an alleged illegal prosecution could not be undone, but no harm would befall the former president should his prosecution be delayed,” said Sutherland.
Travesty of justice
Mzwanele Manyi, spokesperson for the Jacob G Zuma Foundation, expressed his disappointment in a statement late on Monday, saying that the former president is dissatisfied but not surprised.
According to Manyi, Sutherland’s judgment depicts hypocrisy and is a travesty of justice, saying it shows that the state will go out of its jurisdiction to shield Ramaphosa.
“It is by now very clear that our ‘justice’ system will do anything in their considerable power to protect Mr Ramaphosa,” Manyi said.
“It is the unenviable task of all those who believe in equality before the law to tirelessly expose the double standards which are constantly applied in favour of those who carry out the agenda of the continuous oppression and landlessness of black people. History will record this sad era as a shameful one in the development of our constitutional democracy.
“What must not be lost is that, in spite of this grossly incorrect judgment, president Ramaphosa in his personal capacity remains a criminally charged and accused person in a court of law.”
Meanwhile, the court ruled that the two ANC bigwigs should approach Sutherland’s office to arrange for a date for a second leg in their court case.
Manyi maintains that Zuma is not backing down on his private prosecution bid.
“Unless otherwise advised, former president Zuma will be at the Johannesburg High Court at 9.30am this Thursday to attend the scheduled sitting of the criminal case which the registrar has set down for that date.
“What will happen next will largely depend on the criminal court judge, as well as any discussions which will hopefully be urgently convened by the deputy judge president Sutherland to determine when part B will be heard. There is no place to hide from the long arm of the law,” said Manyi.
Also read: Zuma vs Ramaphosa: High court grants president urgent interdict
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