Full bench sets aside Zuma’s prosecution of Ramaphosa

Former president Jacob Zuma’s attempt to institute a private prosecution against President Cyril Ramaphosa was set aside on Wednesday.

A full bench of the Johannesburg high court ruled that the private prosecution brought by Zuma against his successor was “unlawful and unconstitutional”.

Zuma sought to prosecute Ramaphosa after he alleged that his medical information was leaked to the media, when he sought to postpone the so-called arms deal trial in 2021.

This loss comes after another failed attempt by Zuma to privately prosecute senior state advocate Billy Downer and journalist Karyn Maughan after his case was set aside in June. The former president alleged that the pair had contravened the NPA Act in that Downer had leaked his confidential medical records to Maughan.

Zuma had requested that Ramaphosa begin an enquiry into Downer and other prosecuting officials’ conduct, however, Ramaphosa referred the matter to the minister of justice.

Zuma then, after seeking to privately prosecute Downer and Maughan, also sought to privately prosecute Ramaphosa in 2022 as an accessory according to him because Ramaphosa allegedly failed to act.

“This court finds that Mr Zuma instituted the private prosecution of Mr Ramaphosa for an ulterior motive,” the court ruled.

The former president’s bid was also dismissed with costs.

“Mr Zuma shall pay the costs of the applicant, the President of the Republic of SA, inclusive of the costs of two counsel where so employed,” the court ruled.