The certificate former president Jacob Zuma built his private prosecution of President Cyril Ramaphosa on does not apply to Ramaphosa, the National Prosecuting Authority (NPA) said on Wednesday.
A nolle prosequi certificate, a certificate that states that the NPA does not intend to prosecute a person, is a requirement for private prosecution.
Last week, on the eve of the 55th ANC Elective Conference, Zuma issued a summons against Ramaphosa for the alleged contravention of the NPA Act concerning the disclosure of the former president’s medical records by prosecutor Billy Downer and News24 journalist Karyn Maughan.
Zuma wanted to privately prosecute Ramaphosa after he apparently failed to act after he wrote to him in August 2021, “requesting and/or demanding that Ramaphosa take all the necessary steps to ensure the institution of an urgent investigation and/or inquiry into the conduct and/or alleged misconduct of the relevant public institutions and/or officials acting in their capacities as state functionaries”.
The state attorney, on Ramaphosa’s behalf, responded with a letter, in which it expressed the believe that Zuma made this move to try and prevent Ramaphosa from contesting for a second term as ANC leader, a contest he ended up winning.
The state attorney stated that the document delivered to Ramaphosa’s private residence did not include such a certificate in relation to Ramaphosa.
“The nolle prosequi certificate that is included in the summons concerns a certain Mr William John Downer. The president was never cited in those proceedings and could thus not be the subject of such a certificate, at any rate.”
Meanwhile, Mzwanele Manyi, the Jacob Zuma Foundation spokesperson said the former president would not back down from his bid to have President Cyril Ramaphosa privately prosecuted.
Ramaphosa through the state attorney’s office, gave Zuma until Wednesday to withdraw the summons or face punitive costs order.
Manyi, however, went against this order.
“19 January 2023 is the court date. President Ramaphosa is expected to be there in the Johannesburg High Court at 09:30 in the morning.”
Initially the deadline to withdraw was on Sunday but Ramaphosa extended the deadline to Wednesday at Zuma’s request.
Many said the extension was to only deal with issues around service and to provide the president with a second nolle prosequi request.
Source: News24, IOL, Eyewitness News, image from Twitter: @NationAfrica