Zuma to appeal Ramaphosa private prosecution interdict
President disputes legality of action
Image: Veli Nhlapo
Former president Jacob Zuma intends appealing an interim court order exempting President Cyril Ramaphosa from private prosecution.
On Monday, the Johannesburg high court granted Ramaphosa an interim interdict prohibiting further steps by Zuma in his private prosecution of the president. It will remain in place pending the outcome of Ramaphosa’s main application – the lawfulness of the prosecution. .
Yesterday Zuma, as the private prosecutor, appeared in the Johannesburg high , flanked by lawyers Dali Mpofu and Zandile Mshololo..
After an hour's delay, the proceedings started with Mpofu telling the court that they intend to apply for leave to appeal the court interdict.
“We beg for leave to grant the order in terms of paragraphs one and two of the draft order,” Mpofu said.
He said they had not yet decided which court to approach, the Supreme Court of Appeal or whether to directly go to the Constitutional Court.
But Mpofu explained that Zuma was the one who will privately prosecute with the aid of his advocates.
“We are Zuma’s representatives and it is his presence that is important here, as he is the private prosecutor against the accused persons. He must find someone legally trained to represent him,” Mpofu explained.
In the meantime, part B of the application will be heard on May 18. This means, according to the Criminal Procedure Act, that Ramaphosa’s criminal charges will be suspended pending the outcome of the application.
Zuma was earlier granted a nolle prosequi certificate to privately prosecute senior prosecutor Billy Downer and journalist Karyn Maughan. He says they leaked confidential medical records related to the arms deal case. The former president accused Ramaphosa of being an accessory to their “crime” after the fact as he did not take action against them.
The National Prosecuting Authority previously indicated that the nolle prosequi certificate did not include Ramaphosa.
The private prosecution case was postponed to May 26.
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