Advocate Dali Mpofu has argued that President Cyril Ramaphosa has employed delaying tactics by approaching a civil court in his challenge to the private prosecution bid against him by former President Jacob Zuma.
Former President, Jacob Zuma has lodged a complaint at the Johannesburg High Court over the shortening of the time for his legal counsel to present his arguments in the challenge against his private prosecution bid. Zuma argues that he will be prejudiced by the failure to complete his argument.
#RamaphosaVSZuma kicks off in the Gauteng High Court (JHB). The President is seeking a final interdict against former President Zuma’s private prosecution bid. Zuma is in attendance #SABCNews pic.twitter.com/Yx5M9eCp0o
— Canny Maphanga (@CannyMaphanga) May 17, 2023
Arguing before the Johannesburg High Court’s full bench, Mpofu claims that the civil court lacks jurisdiction to hear the case.
Ramaphosa is asking the court to declare the summons issued by Zuma as unlawful, unconstitutional and invalid. He wants the court to review and set aside the summons.
Ramaphosa also wants to interdict Zuma from going ahead with the private prosecution.
The former President launched the legal bid against Ramaphosa last year, accusing him of failing to act against prosecutor, Advocate Billy Downer for the alleged disclosure of his medical records.
Mpofu says Ramaphosa can argue his case in a criminal trial. “Let’s take the so-called Nasrec theory, the court has no option. The respondent has given a very detailed account as to why the summons was issued when it was issued. He says this had absolutely nothing to do with the fact that there was a conference starting.”
“In terms of the rule, a civil court has no option but to accept that version. Who wants to take the long-winded route when you can just get yourself out of trouble as soon as possible? The only reason can only be to delay,” defends Mpofu.
Advocate Mpofu was allocated until 11:00 am to speak but proceeded until 11:30 following the court’s request for him to round up his argument.
Live stream below:
