PHUTI MOSOMANE
A full bench in the Johannesburg High Court is hearing an urgent matter brought by President Cyril Ramaphosa against his private prosecution by former president Jacob Zuma on Thursday.
Initially, the case was scheduled to be heard virtually but it has since been turned into a physical session.
In his application, Ramaphosa wants the court to prevent him from appearing before a criminal court set down for next week over what he called “‘unlawful summons” served by Zuma.
Ramaphosa insists that the ‘nolle prosequi’ certificate issued in relation to him is invalid.
He wants to be removed from the accused in Zuma’s legal battle in Durban.
The former president is opposing the application, calling Ramaphosa’s application “abusive, frivolous and vexatious”.
Zuma charges that Ramaphosa is an “accessory after the fact” in a criminal offence against State Advocate William Downer; the allegation is that Downer improperly shared information, in terms of the NPA Act.
Charges are based on an accusation that Ramaphosa failed to act after Zuma complained about improper conduct by Downer and Advocate Andrew Breitenbach.
Ramaphosa said these charges are completely spurious and unfounded.
Ramaphosa promptly responded to Zuma’s letter indicating steps he had taken, including referring the matter to the Minister of Justice and Correctional Services, Ronald Lamola, who bears the oversight responsibility over the NPA.
Ramaphosa requested Lamola to refer complaints of improper conduct against advocates Downer and Breitenbach to the Legal Practice Council.
If Ramaphosa wins Thursday’s hearing, it will be the basis for not appearing in court next week.
“The serious crimes for which Mr Ramaphosa has been charged with in a court of law carry the sentence of 15 years in prison,” according to the Jacob Zuma Foundation.
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