Zuma’s private prosecution bid against Ramaphosa on ice yet again

Zuma’s legal representative, advocate Dali Mpofu, told the court:

“In this matter, which is a private prosecution in terms of section 7, what we have been doing because there are appeals in respect following a review appeal in this court which is being appealed in the SCA – and we always postpone to update the court. So the latest status of the matter is that on the 4th of April, the counsel for Mr Ramaphosa filed an answering affidavit opposing the application for reconsideration in terms of section 17(2) f in the SCA, which means we are now due to do a reply. 

“The implications of that are that the matter will have to be postponed once again. The reason why is unlike a criminal matter where you can withdraw charges and reinstate them. In terms of section 11 of the Criminal Procedure Act, if the private prosecutor does not appear on a set date the matter is permanently dismissed and therefore the arrangement we have had with this court… is that we will have these. As a result, to avoid coming every month, we have traditionally agreed on a longer-than-normal postponement… so that it allows for the appeals to be finalised.” 

Zuma is accusing Ramaphosa of committing a criminal offence by not acting against State advocate Billy Downer and News24 Journalist Karyn Maughan in 2021 regarding a leaking of the former president’s medical records.

Previously the Johannesburg High Court ruled that Zuma’s case hinged on an ulterior motive.

In July 2023, the Supreme Court of Appeal ordered that Zuma’s private prosecution of Ramaphosa was unlawful and unconstitutional, and it was set aside. It also interdicted the private prosecution and declared the summons issued against the President to be unlawful and invalid. The matter was dismissed with costs, including those of two counsels, to be paid on the attorney and client scale.

Read more in Daily Maverick: Jacob Zuma appeal against journalist Karyn Maughan and advocate Billy Downer dismissed with costs by Supreme Court of Appeal

But Zuma took the rulings on appeal, resulting in the ongoing private prosecution bid.

On Thursday, the private prosecution bid case was being heard three weeks after Zuma failed to remove Downer, whom he accused of prosecutorial bias in his arms deal corruption case heard in Pietermaritzburg High Court in KwaZulu-Natal. The case has since been adjourned for a pre-trial hearing on 17 May.

It has been one court battle after the other for Zuma. On Tuesday, the Electoral Court dismissed the Electoral Commission of South Africa’s decision to disqualify the former president from contesting the 29 May elections. This means he can contest the elections as an uMkhonto Wesizwe party candidate. DM

This is a developing story.

Read more in Daily Maverick: Electoral Court ruling on Zuma has echoes of its judgment on Winnie Madikizela-Mandela