The High Court in Johannesburg has discovered that President Cyril Ramaphosa would suffer material harm ought to he seem in a criminal court in accordance with the summons issued by former President Jacob Zuma.
This after President Ramaphosa has been granted an interim interdict to halt former president Jacob Zuma’s personal prosecution bid.
Last Thursday, the court heard arguments from the President’s legal professionals that he couldn’t be hauled earlier than a criminal court on summons obtained by means of a flawed, unconstitutional course of.
Advocate Ngwako Maenetje argued that the legislation gives the President with safety over what he says is an ‘unlawful prosecution’.
However, counsel for the previous president, Advocate Dali Mpofu, argued that President Ramaphosa would not suffer any harm and that he would have the chance to defend his case in court.
Zuma launched personal prosecution proceedings towards Ramaphosa, accusing him of failing to behave towards prosecutor Billy Downer over the alleged illegal disclosure of his medical information.
In the judgment handed down by the total bench, Deputy Judge President Roland Sutherland says Ramaphosa would suffer harm.
“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 court’s determination to interdict the personal prosecution bid.
In a assertion, 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 beneath:
Zuma has choice to enchantment
Meanwhile, authorized analyst Elton Heart says Zuma nonetheless has an choice to enchantment 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 arrangement 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.”
