LISTEN | Ramaphosa rejects Zuma’s bid to add him to the list of accused in private prosecution

On the eve of the ANC’s elective conference, former president Jacob Zuma initiated a private prosecution of President Cyril Ramaphosa.

He has been summoned to appear in court on January 19 to face a charge of being an “accessory after the fact” in the same private prosecution Zuma is pursuing against prosecutor Billy Downer and journalist Karyn Maughan for disclosing a document concerning Zuma’s medical state.

The charge will likely lead to calls by Ramaphosa’s political opponents that he must “step aside” in line with the ANC’s step-aside rule and not stand for president of the  ruling party. In terms of the rule, when an ANC member is charged with a serious criminal offence, they should step aside from their position.

In a statement issued in the early hours on Friday  the presidency said Ramaphosa rejected the prosecution “with the utmost contempt”. The presidency said a nolle prosequi certificate, or a certificate of non-prosecution by the National Prosecuting Authority (NPA), was a prerequisite for a valid private prosecution.

“Mr Zuma has not provided such a certificate with charges in the name of President Ramaphosa,” said the presidency.

A summary of essential facts annexed to Zuma’s summons and indictment said the NPA had issued a new nolle prosequi certificate in Downer and Maughan’s case in November which declined to “prosecute any person in connection with this matter”, paving the way for a private prosecution of Ramaphosa. However, it is not attached to the indictment.

The indictment sets out the detail of the charge. It says in August Zuma’s lawyers had written to Ramaphosa about Downer and Maughan’s conduct, demanding he “take all the necessary steps to ensure the institution of an urgent investigation”.

Ramaphosa had written back and “acknowledged the seriousness of the conduct complained about”, said the indictment. He claimed to have referred the matter to the justice minister and the Legal Practice Council, but to date “he has omitted to take action”, the indictment said.

By his failure to act he was “wrongly, unlawfully and intentionally acting in furtherance of the commission of the said offences or to take any steps to bring the perpetrators and/or accomplices to justice”, said the indictment.

The prosecutions of Downer and Maughan are for an alleged breach of the NPA Act which requires prosecutors to obtain written permission from the National Director of Public Prosecutions before they disclose the content of documents in their possession.

Zuma alleges the two are in criminal breach of this injunction because the NPA’s counsel gave Maughan a document that talked about Zuma’s medical condition. The document had been electronically filed and was later disclosed in open court, attached by Zuma to his court papers.

Ramaphosa has been added to the list of accused.

The presidency said the charges were “completely spurious and unfounded”.

Ramaphosa responded to Zuma’s letter by indicating what steps he had taken, including referring the matter to the minister “who bears the oversight responsibility over the NPA”.

The president also asked justice minister Ronald Lamola to refer complaints against the lawyers to the Legal Practice Council, said the presidency.

“President Ramaphosa does not interfere in the work of the NPA, nor does he have the power to do so,” said the statement.

The president responded to Zuma by doing what was “appropriate and legally permissible”, said the statement.  

Zuma’s summons attaches the letter sent by Ramaphosa to Zuma’s lawyers.

It said: “We take note of the allegations of serious misconduct you make in your letter. We view these allegations in a very serious light and have referred the matter to the minister of justice and correctional services”.

The letter said the minister had also been requested to refer the matter to the Legal Practice Council.

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