South Africa: Court Rules in Favour of Ramaphosa

16 January 2023

President Cyril Ramaphosa is breathing a sigh of relief after former president Jacob Zuma's bid to prosecute him privately was interdicted on Monday.

The summons filed by Zuma against Ramaphosa on the eve of the ANC 55th national elective conference on 15 December was also set aside.

Roland Sutherland, Deputy Judge President of the Gauteng High Court, said Ramaphosa's rights to freedom were being violated.

"There is a prima facie case of the applicant's rights to freedom being violated. The respondent suffers no harm if there is a delay in the trial. The application is urgent," said Surtherland.

"Zuma is interdicted from a private prosecution, and the summons issued by the respondent against Ramaphosa are set aside."

This judgement means Ramaphosa will not be in court in person on Thursday when the matter is heard.

Zuma accused Ramaphosa of being an accessory after failing to act against state prosecutor Advocate Billy Downer and News24 journalist Karyn Maughan.

This is after Zuma accused Downer of allegedly leaking his medical records to Maughan.

Downer is a lead prosecutor in the ongoing arms deal trial and Zuma is accused number one. Zuma allegedly solicited bribes in return for protection from the France-based arms manufacturer Thales, formerly Thomson-CFS. Thales is accused number two in the case.

Zuma has been gunning for Ramaphosa'e head since he became president of the ANC in 2017 and the country in 2018. Ramaphosa cleared his path to the highest office in the country after he beat Nkosazana Dlamini-Zuma, Zuma's preferred candidate in the run-up to the 2017 ANC elective conference.

A few months later in February 2018, Zuma was forced to resign by his own party, the ANC, which saw Ramaphosa taking the reigns as the president of the country.

Zuma also charged Downer and Maughan for contravening the NPA Act. The matter is still in court.

Zuma dragged Downer and Maughan to court through private prosecution after the National Prosecuting Authority declined his request to charge Downer.

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