Johannesburg – President Cyril Ramaphosa on Friday rejected “with the utmost contempt Mr. Jacob Zuma’s abuse of legal processes and perversion of the ‘nolle prosequi’ (private prosecution) provision”.
This after Zuma’s foundation announced on the eve of the Reconciliation Day holiday that it had served President Ramaphosa with a summons to appear in court in January next year for “serious crimes” that carry a 15-year sentence.
The foundation said Ramaphosa must answer to criminal charges for not acting against Advocate Billy Downer, whom the former president wants to be removed from prosecuting in his arms-deal-corruption-related trial.
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However, Ramaphosa rejected what he said was Zuma’s “abuse of the legal process”.
Explaining the reasons for Ramaphosa’s stance, the Presidency on Friday said: “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.
“Mr. Zuma has not provided such a certificate with charges in the name of President Ramaphosa.”
In that regard, Vincent Magwenya, Spokesperson to the President, said: “The summon served to the President is hopelessly sub-standard and demonstrates absolute disregard of the law”.
Magwenya added: “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”.
Magwenya said Zuma’s charges were based on an accusation that Ramaphosa failed to act after the former president complained about improper conduct by Advocates Downer and Breitenbach.
“These charges are completely spurious and unfounded,” Magwenya said.
“President Ramaphosa promptly responded to Mr. Zuma’s letter indicating steps he had taken, including referring the matter to the Minister of Justice and Correctional Services, Ronal Lamola who bears the oversight responsibility over the NPA.”
Magwenya further explained that the President requested Minister Lamola to refer complaints of improper conduct against 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,” said Magwenya.
“The President responded to Mr. Zuma and took appropriate and legally permissible action.”
