Zuma: 'No improper motive in prosecuting Ramaphosa'

There was no ulterior purpose in the timing of Jacob Zuma’s private prosecution against President Cyril Ramaphosa. It was “purely fortuitous and coincidental,” said Zuma in court papers on Friday.

The former president filed his 118-page answering affidavit on Friday night in the case brought by Ramaphosa seeking to interdict Zuma’s prosecution that would see Ramaphosa in the dock on January 19.

Ramaphosa ultimately wants the Johannesburg high court to set aside the prosecution as unconstitutional and unlawful. In the meantime he has asked — urgently next week — for an interdict to prevent any “further steps” in pursuing the prosecution and to excuse his appearance in the criminal court as per Zuma’s summons.

In his answering affidavit, Zuma has repeatedly disputed Ramaphosa’s claim that his prosecution — launched the day before the ANC’s elective conference in December — had an ulterior motive, which Ramaphosa said was to scupper his re-election as ANC president.

Zuma said: “My sole intention is to secure a conviction and punishment of the applicant ... Nothing will deter me, as the victim, from the ultimate goal of the attainment of justice against all those who have criminally participated, directly or indirectly, in my deliberate humiliation at the hands of my prosecutors turned persecutors.”

Zuma said Ramaphosa is seeking special treatment from the courts and this case would test whether justice was blind, as it is supposed to be. He said when he had tried to quash his prosecution in court, because he thought it was politically motivated, he was rejected.  

“The applicant’s attack on his private prosecution is no different from that of mine more than a decade ago. The only difference is that he is the president ... and seems to be enjoying the support of mainstream media.”

Zuma said the civil court had no jurisdiction to hear Ramaphosa’s case and his objections should be entertained and determined by the criminal court. He also said the case was not urgent, was premature, and Ramaphosa did not satisfy the legal requirements for an interim interdict.

The former president also lashed out at the NPA over its public statement in December that its nolle prosequi certificates, on which Zuma relied to prosecute Ramaphosa, did not apply to the president.

Zuma’s criminal charge is that Ramaphosa is an “accessory after the fact” in relation to charges he is pursuing against prosecutor Billy Downer and journalist Karyn Maughan. In a separate private prosecution, he has charged Downer and Maughan with contravening the NPA Act over the disclosure, without the written consent of the NPA’s national director, of a medical report later filed in court during Zuma’s criminal trial for corruption.

Ramaphosa’s alleged crime is that when Zuma’s lawyers wrote a letter to the president to complain about Downer and demanded an investigation, Ramaphosa failed to act.

Nolle prosequi certificates clear the path for private prosecutions. Zuma has relied on the certificates issued in relation to the Downer/Maughan prosecution, especially one issued in November that said “the NPA decline(s) to prosecute any person in connection with this matter...”

In December, the NPA said in a statement that both certificates were issued “in direct relation to the docket” in the Downer/Maughan case.

“The nolle certificates apply to any persons who are specifically mentioned in the docket. The president was not mentioned in any of the affidavits or statements and thus the certificates were not issued in relation to him,” it said.

In his answering affidavit, Zuma says Ramaphosa was mentioned in the docket.  “Not only is President Ramaphosa specifically mentioned and named ... but also the letter addressed to him is annexed ... To claim that he is not mentioned is patently false.”

Zuma said in many countries such conduct by the prosecuting authority would be met with a “huge public and media outcry and the rolling of many heads. Not here and not when it is the ‘favourites’ who are guilty.”

He said “pigs will fly” before the NPA acted in accordance with the law when it came to its “trusted Mr Downer and their untouchable president”.

TimesLIVE

Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.