The Jacob Zuma Foundation stated on Thursday that President Cyril Ramaphosa had been charged in a private prosecution ‘for being an adjunct after the very fact within the crimes dedicated by amongst others Advocate Downer specifically, breaching the provisions of the NPA Act’.
FILE: Former President Jacob Zuma and President Cyril Ramaphosa. Picture: GCIS.
JOHANNESBURG – President Cyril Ramaphosa has rejected what he calls former President Jacob Zuma’s abuse of legal processes and perversion of the nolle prosequi (private prosecution) provision.
This comes after the Jacob Zuma Foundation stated that President Ramaphosa had been charged in a private prosecution “for being an accessory after the fact in the crimes committed by among others Advocate Downer namely, breaching the provisions of the NPA Act”.
The basis in an announcement on Thursday evening stated that Zuma had instituted the private prosecution within the Johannesburg High Court, including that the “accused person will make his first appearance on 19 January 2023”.
BREAKING
President Ramaphosa criminaly charged pic.twitter.com/W8HIL00sHP‘ JGZuma Foundation (Official) (@JGZ_Foundation) December 15, 2022
The Presidency has responded, saying that Zuma was abusing legal processes.
“In accordance with the Criminal Procedure Act, a private prosecution can only be instituted after the individual prosecuting has obtained a certificate of non-prosecution. The certificate serves as a legal confirmation that the National Prosecuting Authority (“NPA”) will not proceed with the prosecution following its consideration of the charges,” the Presidency stated in an announcement on Friday morning.
PRESIDENT RAMAPHOSA REJECTS ZUMA’S ABUSE OF PRIVATE PROSECUTION PROCESSES
President Cyril Ramaphosa rejects with the utmost contempt Mr. Jacob Zuma’s abuse of legal processes and perversion of the ‘nolle prosequi’ (private prosecution) provision.
‘ Presidency | South Africa 🇿🇦 (@PresidencyZA) December 16, 2022
The certificates serves as a legal affirmation that the National Prosecuting Authority (“NPA”) is not going to proceed with the prosecution following its consideration of the fees.
‘ Presidency | South Africa 🇿🇦 (@PresidencyZA) December 16, 2022
Mr. Zuma prices that President Ramaphosa is an “accessory after the fact” in a legal offence alleged in opposition to Advocate William Downer – the allegation is that Advocate Downer improperly shared data, by way of the NPA Act.
‘ Presidency | South Africa 🇿🇦 (@PresidencyZA) December 16, 2022
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The assertion stated the summons from Zuma was hopelessly sub-standard and demonstrated an absolute disregard for the regulation.
“Mr Zuma charges that President Ramaphosa is an ‘accessory after the fact’ in a criminal offence alleged against Advocate William Downer – the allegation is that Advocate Downer improperly shared information, in terms of the NPA Act,” learn the assertion.
The former president’s accusations, the Presidency stated, have been unfounded.
“Mr Zuma’s charges are based on an accusation that President Ramaphosa failed to act after Mr Zuma complained about improper conduct by Advocates Downer and Breitenbach. These charges are completely spurious and unfounded.”
The Presidency stated that President Ramaphosa had requested Minister of Justice and Correctional Services, Ronald Lamola to refer complaints of improper conduct in opposition to advocates Downer and Breitenbach to the Legal Practice Council.
“President Ramaphosa does not interfere in the work of the NPA, nor does he have the power to do so. The President responded to Mr Zuma and took appropriate and legally permissible action,” the assertion stated.
