JACOB Zuma believes President Cyril Ramaphosa feels being in the dock is beneath him.
This was the charge by Zuma’s legal representative Advocate Dali Mpofu during the interdict hearing in the South Gauteng High Court yesterday.
Mpofu slammed Ramaphosa’s move for an urgent interdict, saying the president initially mocked and ignored summonses while he demanded the withdrawal of the charges. He said now that the hearing was approaching, Ramaphosa wants to block the private prosecution.
Mpofu argued that Ramaphosa was not genuine by bringing this matter in a civil court when he could have raised all the issues he was raising in the criminal court itself on 19 January.
Among the matters Ramaphosa is challenging is the validity of the private certificate to prosecute, which he argues is not broad enough.
But Mpofu argued that the National Prosecuting Authority (NPA) in its certificate, which he submitted to the court, has clarified that any person cited in the docket of the case can be privately prosecuted. He accused the NPA of trying to protect Ramaphosa in a press statement it issued late last year when the summons was served to the president.
The charges arise from the leaked medical records of Zuma. Zuma has charged NPA senior Advocate Billy Downer, whom he alleged leaked the records to News24journalist Karyn Maughan, who is a co-accused in the private prosecution.
Ramaphosa’s lawyer Advocate Ngwako Manentje said the president couldn’t be dragged to a criminal court for a private prosecution that has not been endorsed by the NPA.
He argued that as Zuma’s private prosecution failed to comply with jurisdiction sections, Ramaphosa’s application should be granted. If the application was not granted, it would force the president to abandon his presidential duties for an entire day, limiting his movement and causing irreparable harm.
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“There are various references to criminal cases dealing with how you could privately prosecute and all other cases.
‘We prefer to make a clear distinction between public prosecutions and private prosecutions. If the conditions are not met, there is no law for private prosecution,” said Manentje.
Judgment has been reserved and will be delivered on Monday.
