High court interdicts Zuma from pursuing private prosecution against Ramaphosa

Former president Jacob Zuma has been interdicted from pursuing a private prosecution against President Cyril Ramaphosa. Ramaphosa has been granted the interdict pending arguments to be heard on Part B of the case in the criminal court on the merits relating to Zuma's private prosecution charges levelled against his successor. 

Delivering the judgment in an almost empty courtroom in the high court in Johannesburg on Monday morning, deputy judge president Roland Sutherland said Ramaphosa’s application to interdict Zuma’s private prosecution proceedings against him is justified.

''There is a prima facie case of the applicant’s rights to freedom being violated…The respondent [Zuma] suffers no harm if there is a delay of the trial…The application is urgent. The first respondent [Zuma] is interdicted from a private prosecution… and the summons issued by the respondent against the applicant [Ramaphosa] are set aside,’’ said Sutherland.

Ramaphosa launched an urgent interdict against Zuma's private prosecution after Zuma accused him of being "an accessory after the fact" for failing to act against state prosecutor Adv Billy Downer SC and journalist Karyn Maughan for allegedly leaking his medical records.

In a separate private prosecution, Zuma is charging Downer and Maughan for contravening the NPA Act after they allegedly disclosed medical reports he submitted in his corruption trial without consent from the national director of public prosecutions.

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Ramaphosa asked the court to grant him an interdict that prevents him from appearing in court on January 19 and declare Zuma's private prosecution against him unconstitutional after he received summons from Zuma in December, stating that he must appear as an accused person in relation to his alleged failure to act against Downer and Maughan. 

kokam@sowetan.co.za