The High Court in Johannesburg has discovered that President Cyril Ramaphosa would undergo materials hurt ought to he seem in a legal courtroom in accordance with the summons issued by former President Jacob Zuma.
In the judgment handed down by the total bench, Deputy Judge President Roland Sutherland says Ramaphosa would undergo hurt.
“Is there any material harm? It was argued that the harm of appearing in a criminal court on the 19th of January was not material, this contention misses the point. The harm lies not in the temporary inconvenience of physically attending a hearing if only for a formal postponement. The critical harm concerns a fundamentally, constitutionally guaranteed right to personal freedom. That value which is foundational to our constitutional order may never be treated lightly. Our history instructs us that it is a matter of pride that South Africans value and assert our freedom above all other considerations in the face of whatever adversity we chance to meet. Our law must guard that right and exercise unreservedly,” says Sutherland.
Ramaphosa welcomes interdict
Meanwhile, the President has welcomed the courtroom’s resolution to interdict the non-public prosecution bid.
In an announcement, the workplace of the Presidency says: “The court affirmed all of the president’s key contentions, namely on jurisdiction of the court to hear the interdict application, the urgency of the matter against a court appearance date based on prima facie unlawful nolle prosequi. The court further found in the President’s favour on the violation of rights to personal freedom based on a prima facie defective summons.”
The assertion additional says: “The judgment confirms the position of the President that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law.”
Judgment proceedings under:
Zuma has choice to attraction
Meanwhile, authorized analyst Elton Heart says Zuma nonetheless has the choice to attraction the judgment.
“President Zuma at this point in time cannot do anything until they have dealt with Part B. Also, what former president Zuma can do is most probably appeal this decision that was taken today because that’s also one of the remedies that he has at his disposal to actually set aside the order that was made today. But they will subject themselves to the Deputy Judge President so that they can make arrangements for hearing Part B and setting it down but President Cyril Ramaphosa in his personal capacity as Cyril Matamela Ramaphosa will not appear in court on the 19th.”
