Ramaphosa’s interdict against criminal proceedings instituted by Zuma, to be heard on Thursday

The interdict application brought by President Cyril Ramaphosa against criminal proceedings instituted by his predecessor Jacob Zuma, has been moved to Thursday for arguments.

Zuma has  filed an opposing affidavit in response to the urgent application by Ramaphosa that was supposed to be heard on Tuesday.

Zuma took Ramaphosa to court last month on the eve of the ANC Elective Conference in Nasrec, accusing him of failing to act when asked to do so after Advocate Billy Downer allegedly leaked his medical records to journalist Karyn Maughan.

Zuma accused Maughan and Downer, who is leading the former president’s prosecution on long standing fraud and corruption charges, of breaching section 41 of the National Prosecuting Authority (NPA) Act by disclosing documents in possession of the authority without the permission of the national director of public prosecutions.

Ramaphosa got dragged in for allegedly failing to act as the president after Zuma complained that Downer, and a lawyer representing the NPA, advocate Andrew Breitenbach, had behaved improperly.

Ramaphosa had referred the complaint to Justice Minister Ronald Lamola, who has final oversight over the NPA. He advised Lamola to refer the matter to the Legal Practice Council.

Zuma then sought the private prosecution of Ramaphosa accusing him of failure to act on his complaint.

Mzwanele Manyi Spokesperson for Jacob Gedleyihlekisa Zuma Foundation said the case will be heard on Thursday 12 January.

Manyi also outlined directions issued by the judge as follows: the opposing affidavits for 1st, 2nd and 3rd respondents should be filed by 12h00 today and answering affidavits to be filed  on10 January by 12 pm and that all parties need to file their heads of arguments on 11 January by 12pm.

Manyi also dismissed reports that Zuma missed the deadline as fake news.
“So, the screaming headlines that ‘Zuma missed the deadline’ belong to fake news'”.

Ramaphosa has previously applied for an urgent interdict in late December in his bid not to have to appear in court. The president also wants the private prosecution to be withdrawn and declared unlawful.

Ramaphosa had argued in December that Zuma had not provided a prosecution certificate with charges in Ramaphosa’s, and the summons served were hopelessly substandard and demonstrated an absolute disregard for the law.

He also accused Zuma of having an ulterior motive and trying to unseat him and also asked to be excused from appearing in court 19 January.

Zuma’s papers published on Friday night said Ramaphosa’s application was neither urgent, nor deserving of the attention of the Johannesburg High Court.

The former President said it is an unusual and unprecedented request by a person who has no illness or other reason other than the fact that he happens to be the President of the country.

“H.E President Zuma opposes the application on the basis that according to the principle of equality before the law President Ramaphosa must be treated like all other criminally charged and accused persons. The preferential treatment he seeks is improper.

“President Cyril Ramaphosa’s urgent application is aimed at asking the Court to exempt
him from the law which compels all criminally accused persons in South Africa to
appear in person during their criminal court hearings.

“In addition, the application is a waste of the courts time and state resources. Firstly, there is no reason why the State Attorney is involved in a criminal case. Secondly the application is not urgent.There is no reason why Ramaphosa cannot raise all his concerns, including
questioning the Private Prosecutors title to prosecute, before the Judge.”

Downer and Maughan have already appeared at their Pietermaritzburg High Court on the matter.