Judgment expected in Jacob Zuma’s leave to appeal Cyril Ramaphosa’s private prosecution matter

Former president Jacob Zuma will find out on Tuesday, 12 September, whether his application for leave to appeal the ruling that set aside his private prosecution of President Cyril Ramaphosa will be successful.
The South Gauteng High Court in August reserved its judgment on Zuma’s application for leave to appeal.
The court is expected to deliver the judgment in the matter virtually on Tuesday.
The former president initiated private prosecutions against Ramaphosa on the eve of the African National Congress’ (ANC) national elective conference on 15 December last year.
Media Advisory: Judgment will be delivered virtually in the matter President of the Republic of SA v Jacob Gedleyihlekisa Zuma (Case No: 2022/062027), on 12 September 2023 at 10h00. pic.twitter.com/6L2kFVf95P
— RSAJudiciary (@OCJ_RSA) September 11, 2023
Accusation
Zuma accused Ramaphosa of being an “accessory after the fact” in relation to another private prosecution he was pursuing against prosecutor Billy Downer SC and journalist Karyn Maughan for an alleged breach of the National Prosecuting Authority Act.
The former president accused Downer, who is the lead prosecutor in his arms deal corruption trial, of allegedly leaking his confidential medical information to Maughan in August 2021.
Zuma based his attempt to prosecute Ramaphosa on an accusation that the president failed to act after he complained that Downer had misbehaved.
Private prosecution
However, the South Gauteng High Court in July set aside Zuma’s private prosecution of Ramaphosa.
In their ruling, judges Mahomed Ismail, Selby Baqwa, and Lebogang Modiba said Zuma’s private prosecution of the president was unlawful and unconstitutional.
The judges said Zuma brought the private prosecution against Ramaphosa “for an ulterior purpose in what amounts to an abuse of this court’s process”.
The court also found the nolle prosequi certificates, upon which the prosecution was based, were vague, and one of them, initially issued in respect of Downer, does not apply to Ramaphosa.
Zuma vs Downer and Maughan
Meanwhile, Zuma was dealt a blow on 11 August after the application for leave to appeal the dismissal of his private prosecution against Downer and Maughan failed.
Zuma appeared in the Pietermaritzburg High Court to appeal the court’s order that declared the setting aside of his private prosecution against Downer and Maughan as immediately enforceable.
In delivering the judgment, Judge Gregory Kruger said Zuma’s appeal had no merits.
Kruger said the court stands by its original reasons and conclusions and does not believe another court would come to a different conclusion.
“We arrived at the conclusion that there are no merits in any of the arguments raised by the applicant (Zuma),” Judge Kruger said.
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