Court declares Zuma’s private prosecution of Ramaphosa unlawful
Former president Jacob Zuma’s private prosecution of President Cyril Ramaphosa has been declared unlawful and unconstitutional by the High Court in Johannesburg.
Zuma was ordered to pay the costs of his successor, including the costs of two counsels.
In December last year, former president Jacob Zuma issued a summons for his successor to appear in court on 19 January.
Zuma accused the president of being an accessory after the fact in his case against state prosecutor Billy Downer and journalist Karyn Maughan.
Zuma’s case against Downer, whom he accused of leaking his private medical information to Maughan, was also recently set aside.
In May, the full bench granted Ramaphosa an interdict to temporarily halt the private prosecution brought against him by his predecessor.
Court findings
The court found no basis for Zuma’s contention that the NPA would decline to prosecute Ramaphosa, should he decide to lay criminal charges against the sitting head of state.
"If she ventures to do so, she is obliged by s7(2) of the CPA to issue Zuma with a nolle prosequi certificate. But this scenario will not arise because the DPP lack jurisdiction over the impugned private prosecution,” the court said in its ruling.
"Further, since the interdictory relief sought by the president stands to be granted for reasons set out in this judgment, Zuma will not be able to charge Mr Ramaphosa on the same charges, grounded on the allegations made in the impugned private prosecution."
Court order:
"The nolle prosequi certificates issued by the second respondent to Jacob Gedleyihlekisa Zuma dated 6 June and 21 November 2021 do not apply to Cyril Ramaphosa.
"The summons Zuma issued against Ramaphosa out of this Court under case number 2022-059772 dated 15 and 21 December 2022 respectively, are unlawful, invalid and set aside. Zuma’s private prosecution of Ramaphosa instituted under the summons is unlawful and unconstitutional and is set aside." the court ruled
"Zuma’s private prosecution of Ramaphosa in respect of the charges set out in the summons and grounded on the allegations set out in the summary of facts attached to the summons is interdicted.
"Zuma shall pay the costs of the applicant, the President of the Republic of South Africa, inclusive of the costs of two counsel where so employed."
A spokesperson for the Jacob Zuma Foundation, Mzwanele Manyi, could not be reached for comment.
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