The National Prosecution Authority (NPA) said the nolle certificates do not apply to President Cyril Ramaphosa on Wednesday, 21 December. Images: Luca Sola/AFP and Rajesh Jantilal/AFP.
Zuma vs Ramaphosa: NPA says certificate used to serve President doesn’t apply to him
Zuma was issued with a nolle prosequi certificate earlier this year that enabled him to privately prosecute an advocate and a journalist.
The National Prosecution Authority (NPA) said the nolle certificates do not apply to President Cyril Ramaphosa on Wednesday, 21 December. Images: Luca Sola/AFP and Rajesh Jantilal/AFP.
Former President Jacob Zuma served President Cyril Ramaphosa with a summons that compels him to appear in court next year. Ramaphosa has given Zuma a deadline to withdraw the “spurious” summons or face legal action.
NPA SAYS NOLLE PROSEQUI CERTIFICATE DOES NOT APPLY TO RAMAPHOSA
In the summons, Zuma says Ramaphosa is an accessory after the fact in his private prosecution against National Prosecuting Authority (NPA) Advocate Billy Downer and News24 journalist Karyn Maughan.
Zuma alleges that Downer shared information about his medical condition with Maughan.
As previously reported, the journalist and News24 said the documents were public as they were filed at court and were not sealed by a judge.
The publication added that Maughan did not reveal the details of Zuma’s condition and said she did not obtain it from Downer.
Zuma alleges that Ramaphosa did nothing about the matter after he complained about improper conduct by the NPA Advocate.
“These charges are completely spurious and unfounded,” said Presidency spokesperson Vincent Magwenya.
Ramaphosa said he responded to Zuma’s complaint and listed his steps, including referring the matter to Minister of Justice Ronald Lamola, who is responsible for National Prosecuting Authority (NPA) oversight.
As previously reported, the Director of Public Prosecutions in KwaZulu-Natal awarded Zuma a nolle prosequi certificate on 21 November. The document declared that the DPP declined to prosecute anybody in relation to Zuma’s complaint and paved the way for him to prosecute Downer and Maughan privately.
Zuma believes the certificate allows him to bring whoever he wants before the court in relation to the matter, according to reports.
- Zuma will not withdraw summons served to Ramaphosa despite looming deadline
- Ramaphosa gives Zuma until Wednesday to drop case – former President insists he’ll drag him to court
- Zuma vs Ramaphosa: President gives his predecessor until Monday to drop case
Now, the NPA has entered the fray and said it issued Zuma with two nolle prosequi certificates in compliance with Section 7 of the Criminal Procedure Act.
The NPA said the certificates were issued in relation to the docket, which contained statements and affidavits about specific individuals who allegedly contravened Section 41 (6) read with Section 41(7) of the NPA Act by allegedly sharing information.
“The nolle certificates apply to any persons who are specifically mentioned in the docket. The President was not mentioned in any of the affidavits or statements and thus the certificates were not issued in relation to him,” stressed the Prosecuting Authority.
In correspondence with Zuma’s lawyers, the State Attorney – on behalf of Ramaphosa – said the former President’s legal team’s approach and its use of the certificate are irredeemably flawed.
“We hold instructions to approach the court for appropriate interdictory relief pending the setting aside of the summons. Alternatively, the summons and the certificate, should your client decline to withdraw the summons unconditionally,” wrote the State Attorney in a letter on 18 December.
Zuma has been given until 21 December to withdraw the summons or face legal action. Ramaphosa’s lawyers intend to claim punitive damages and expect the summons and certificate to be set aside and declared invalid by the courts.
Zuma insists he will see Ramaphosa in court on 19 January 2023.
