The Jacob Zuma foundation criticized the National Prosecuting Authority’s (NPA) declaration recusing President Cyril Ramaphosa from the Zuma vs. Karyn Maughan and Billy Downer case.
Last week on Thursday, Zuma initiated a private prosecution against Ramaphosa. The foundation stated that the former president is suing his successor in respect to his lawsuit against state prosecutor Downer and journalist Maughan of Media24, whom he accuses of improperly leaking his medical records.
In his corruption case, the foundation stated that Ramaphosa was “an accessory after the fact to offences perpetrated by, among others, advocate Downer, including breaking the terms of the NPA Act.”
The Presidency, however, rejected the allegations, arguing that Zuma is misusing judicial processes and that the charges are “frivolous and unsubstantiated.”
“According to the Criminal Procedure Act, a private prosecution can only be initiated when the prosecutor obtains a certificate of non-prosecution,” the Presidency said on Friday.
“The certificate serves as legal proof that the NPA will not pursue prosecution after reviewing the accusations.”
“Mr. Zuma has not produced such a certificate with allegations in the name of President Ramaphosa. The summons sent to the president is inexcusably deficient and indicates blatant disrespect for the law.”
In a statement released on Wednesday, the NPA stated that the nolle prosequi certificate on which Zuma relies includes everyone listed in the affidavits and declarations in the case other than Ramaphosa.
The head of the National Prosecution Services, Rodney De Kock, stated, “As background, the NPA issued two nolle prosequi certificates in good faith and in accordance with Section 7 of the Criminal Procedure Act. These certifications were given in direct reference to the docket (Pietermaritzburg CAS 309/10/21) which contained statements and affidavits pertaining to particular individuals for alleged violations of Section 41 (6) and Section 41(7) of the NPA Act.
“The nolle certificates are applicable to all parties properly named in the docket. The president was not mentioned in any of the affidavits or declarations, hence no certificates were given in his name.”
According to Zwanele Manyi, spokeswoman for the JG Foundation, the NPA is taking sides by attempting to rescue the president.
“The foundation rejects with the disdain it deserves the unethical and unprofessional attempt by the NPA to interpret its own certificate, which is the topic of a disagreement between a private prosecutor and an accused individual. This is really unprecedented. This patently incorrect remark is nothing more than a poorly veiled attempt to save Mr. Ramaphosa.
“Paragraph 17 of the relevant affidavit reads: ‘The alleged behavior is also the subject of separate procedures being handled by the president of the Republic, Mr. Cyril Ramaphosa…’
The relevant complaint letter made to President Ramaphosa and his response are included in the application I submitted to supplement my plea in any criminal proceeding.
“It is simply beyond comprehension how any NPA member who has seen the docket could even begin to falsely assert that the president is not referenced in the docket. Even if the denial were accurate, it would be unacceptable for the NPA to take such an obvious stance on favor of a criminal suspect,” Manyi remarked.
According to Mnayi, the NPA must decide if it would prosecute the president or not; otherwise, it must remain out of the conflict between the previous president and his successor.
“We challenge the National Prosecuting Authority to tell the nation definitively if it is prepared to prosecute Mr. Ramaphosa as an accessory after the fact for the offenses alleged in the police complaint. If this is the case, the private prosecution must be terminated. In the event that this is not the case, it will be compelled to provide a certificate to that effect, which will leave us in the same position as before. This demonstrates the futility of the National Prosecutor’s Office’s (NPA) intervention, which is a further misuse of state resources, as exemplified by the state attorney and the spokesperson for the president.
“The NPA must keep out of this disagreement and defer to the courts’ assessment of what the NPA intended to communicate when it used language such as “any individual” and “in connection with the matter.” In this perspective, subjective statements are worthless,” he stated.
According to Manyi, Ramaphosa is still facing criminal charges and is scheduled to appear in court on January 19.
“Mr. Ramaphosa remains legally charged and is scheduled to appear in person before the Johannesburg High Court on January 19, 2023 at 9:30 a.m.”
»“Ramaphosa continues to face criminal charges” – Foundation Zuma«