The Johannesburg High Court has deferred former president Jacob Zuma’s private prosecution of his successor President Cyril Ramaphosa until May 26 after the second leg of the presidential face-off is heard.
This after advocate Dali Mpofu, Zuma’s legal representative, revealed in court that he had been instructed to appeal Gauteng deputy judge president Roland Sutherland’s judgment which granted Ramaphosa an urgent interdict against Zuma’s private prosecution.
Mpofu said it has not been decided which court to approach for the appeal, noting that his team is also not certain of the date.
However, Sunday World understands that Ramaphosa’s legal bid to invalidate the private prosecution will be heard on May 17 to 18.
Presidential showdown
Zuma and Ramaphosa faced off at the high court on Thursday last week, 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.
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, Mpofu said Ramaphosa is abusing court processes by seeking an urgent interdict order, arguing 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.
Handing down his judgment on Monday, 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,” he ruled.
Zuma’s spokesperson Mzwanele Manyi said the former statesman was dissatisfied but not surprised by the judgment. According to Manyi, Sutherland’s judgment depicts hypocrisy and is a travesty of justice. He said it showed 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.”
Giving her unsolicited advice on Twitter on Thursday, convicted fraudster and legal commentator Brenda Wardle, who made a name for herself by giving commentary during the Oscar Pistorius trial, said Zuma should drop the case, adding that there is no legal basis for the private prosecution.
“Msholozi, this comes from the bottom of my heart. Chitha lamanzi [give up] in this case and walk away. And you know me, I’ve said this to your face. Sometimes people tell you what they think you want to hear, not what you should hear. There is no legal basis for this case,” tweeted Wardle.
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