JZ Foundation slams ‘duplicitous’ judiciary following Ramaphosa private prosecution ruling

JZ Foundation slams ‘duplicitous’ judiciary following Ramaphosa private prosecution ruling

The Jacob Zuma Foundation says it does not agree with the High Court in Johannesburg that an immediate go-ahead to the private prosecution of Cyril Ramaphosa would have caused irreparable harm to the president.

Jacob Zuma media briefing Oct 2022
PHILL MAGAKOE / AFP

A full bench of the court on Monday morning granted Ramaphosa an urgent interdict to temporarily halt the former president's private prosecution bid against his successor.

Zuma is accusing the president of several crimes, including being an accessory after the fact in relation to his medical records that he claims senior state prosecutor Billy Downer leaked to journalist Karyn Maughan.

Gauteng deputy judge president Ronald Sutherland said the interdict had been granted pending the outcome of the main application against Downer and Maughan.

The foundation’s spokesperson Mzwanele Manyi says they are unhappy with several aspects of the ruling.

"The foundation observes the duplicity of the judiciary, that on the one hand, we have a situation in the country where a person is charged for lack of oversight for not doing something, but today we hear that the court has characterised this case as a novel case of somebody that is being charged for something they have not done. So we think that the court is speaking with a forked tongue on this issue."

READ: Ramaphosa granted urgent interdict pending Zuma court challenge

At the same time, Presidency spokesperson Vincent Magwenya said agreed with Ramaphosa’s contention that his right to personal freedom was violated.

"The court affirmed all of the president’s key contentions, namely on the jurisdiction of the court to hear the interdict application, the urgency of the matter against a court appearance date based on a prima facie unlawful nolle prosequi. The court further found in the president’s favour on the violation of rights to personal freedom based on a prima facie defective summons.  

"The judgment confirms the position of the president that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law."

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