The High Court in Johannesburg decided on Wednesday ex-pres. Jacob Zuma’s private prosecution of Pres. Cyril Ramaphosa is “illegal and unconstitutional” and that it was done with an ulterior motive.
RNews earlier reported that the Jacob Zuma Foundation announced in December last year, on the eve of the ANC’s presidential election, that it would prosecute Ramaphosa privately, apparently for his part in the “crimes committed by adv. Billy Downer was committed”.
Ramaphosa then filed an urgent two-part application in which he first sought an injunction against Zuma, and secondly asked the court to declare the private prosecution “unlawful, invalid and unconstitutional” and to set it aside.
The full bench of judges found in Ramaphosa’s favor on Wednesday and granted the order preventing Zuma from prosecuting the president.
“The summons that Zuma issued from this court against Ramaphosa on 15 and 21 December 2022 respectively, is unlawful and invalid and is set aside.
“Zuma’s private prosecution of Ramaphosa which was instituted pursuant to the subpoena is unlawful, unconstitutional and is set aside,” reads the judgment.
The court also granted an interdict against the private prosecution.
Vincent Magwenya, presidential spokesman, says Ramaphosa welcomed the ruling.
“The president has maintained that Zuma’s private prosecution is an abuse of court processes and that it is unlawful and unconstitutional,” says Magwenya.
The court also ordered Zuma to pay the costs of the application.
