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Courts interdicts Zuma from pursuing private prosecution against Ramaphosa
The South Gauteng High Court has interdicted former president Jacob Zuma from pursuing a private prosecution against President Cyril Ramaphosa.
Ramaphosa launched an urgent interdict against Zuma's private prosecution after the former president accused him of being "an accessory after the fact" for failing to act against State prosecutor Advocate Billy Downer and journalist Karyn Maughan for allegedly leaking Zuma’s medical records.
A day before the start of the African National Congress's elective conference in December last year, Zuma issued summons for Ramaphosa to appear in court on January 19 for alleged violations of the NPA Act.
On Monday the court affirmed all of the President’s key contentions, namely on the jurisdiction of the court to hear the interdict application, and the urgency of the matter against a court appearance date based on a prima facie unlawful nolle prosequi.
This means that the President will not have to appear in a criminal court as an accused on Thursday, as had been initially scheduled.
The court further found in the President’s favour on the violation of rights to personal freedom based on a prima facie defective summons.
Ramaphosa welcomed the court ruling on Monday.
“The judgment confirms the position of the President that the private prosecution is motivated by the ulterior purpose based on spurious and unfolded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law,” said the Presidency.
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By PolityThe South Gauteng High Court has interdicted former president Jacob Zuma from pursuing a private prosecution against President Cyril Ramaphosa.
Ramaphosa launched an urgent interdict against Zuma's private prosecution after the former president accused him of being "an accessory after the fact" for failing to act against State prosecutor Advocate Billy Downer and journalist Karyn Maughan for allegedly leaking Zuma’s medical records.
A day before the start of the African National Congress's elective conference in December last year, Zuma issued summons for Ramaphosa to appear in court on January 19 for alleged violations of the NPA Act.
On Monday the court affirmed all of the President’s key contentions, namely on the jurisdiction of the court to hear the interdict application, and the urgency of the matter against a court appearance date based on a prima facie unlawful nolle prosequi.
This means that the President will not have to appear in a criminal court as an accused on Thursday, as had been initially scheduled.
The court further found in the President’s favour on the violation of rights to personal freedom based on a prima facie defective summons.
Ramaphosa welcomed the court ruling on Monday.
“The judgment confirms the position of the President that the private prosecution is motivated by the ulterior purpose based on spurious and unfolded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law,” said the Presidency.