The Presidency has welcomed a decision by the South Gauteng High Court to halt President Cyril Ramaphosa’s private prosecution by former statesman Jacob Zuma.
In a statement on Monday, the Presidency said it welcomes the decision and that the private prosecution is motivated by unfounded charges.
“President Cyril Ramaphosa has welcomed the decision handed down by the South Gauteng High Court division to interdict the private prosecution brought against him by former president Jacob Zuma from proceeding until the application to set aside the private prosecution is heard,” said the Presidency.
“The court affirmed all of the president’s key contentions, namely on jurisdiction of the court to hear the interdict application, the urgency of the matter against a court appearance date based on prima-facie unlawful nolle prosequi.
“The court further found in the president’s favour on the violation of rights to personal freedom based on a prima-facie defective summons.
“The judgment confirms the position of the president that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges, constitutes an abuse of private prosecution provisions, and demonstrates flagrant disregard for the law.”
Zuma accuses Ramaphosa of being an “accessory” in the Zuma versus Karyn Maughan and Billy Downer matter.
Mzwanele Manyi, spokesperson for the Jacob Zuma Foundation, said the foundation is not happy with the ruling, noting that the president remains charged despite the high court granting him an urgent interdict.
“We are not happy with this [ruling], it doesn’t look like justice has been served but the bottom line is that president Ramaphosa continues to be a charged person,” said Manyi outside court.
“The date of 19 September will be discussed, all of that simply means that the case still stands, and he continues to be a charged person, the case continues, and we will see how it develops.”
Handing down his judgment on Monday morning, Sutherland said: “It is for these reasons that we ordered the issue on the following terms: One, the application is urgent, and the ordinary forms and service provided for the uniform rules of court are dispensed with.
“Two, pending the final determination of part B, the first responded is interdicted from taking any further steps to give effect from the nolle prosequi certificate of 21 November 2022 and 6 June 2022, and the summons issued by the registrar of the 15th and the 21st of December 2022 or to pursue private prosecution case number 59 77 2 of 2022 against the applicant in any way.
“Three, the cost occasion by this urgent application shall be reserved. Four of the parties’ representatives are directed to immediately approach the offices of the deputy judge president of Johannesburg to arrange a case management meeting to set an agreed date for the hearing of part B.”
The judgment means Ramaphosa will not have to appear physically in court on Thursday.
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