The High Court in Johannesburg is expected to deliver judgment in President Cyril Ramaphosa’s urgent application against former President Jacob Zuma’s bid to have him privately prosecuted.
Last week, the court heard arguments from lawyers on behalf of Ramaphosa, Zuma and the National Prosecuting Authority on the matter.
Zuma has accused Ramaphosa of criminal conduct, for failing to act over the alleged unauthorised disclosure of the former President’s medical records.
Ramaphosa’s lawyer argued that Zuma’s attempt to get him privately prosecuted was unconstitutional and legally flawed.
VIDEO | Ramaphosa vs Zuma court case – January 12, 2023:
Anticipation ahead of Ramaphosa vs Zuma legal showdown
Ramaphosa is also requesting the court to excuse him from appearing before it on the 19th of this month as the summons has ordered.
Zuma has accused Ramaphosa of contravening the National Prosecution Act regarding the disclosure of the former president’s medical records by prosecutor, Advocate Billy Downer and journalist Karyn Maughan.
However, analysts have argued that Zuma’s legal bid has little prospect of success.
Legal analyst Ulrich Roux says Ramaphosa’s case has merit.
“I think that there’s merit in the current president’s argument, Mr Ramaphosa, that there’s an abuse of the process by Jacob Zuma, and the reason why I say so is that in order to institute a private prosecution, you need to obtain a nolle proseque certificate from the National Prosecuting Authority. What that entails is that the NPA has confirmed that the NPA that they will not be prosecuting a criminal charge that has been laid. Now, Jacob Zuma obtained a nolle proseque certificate against Karyn Maughan and advocate Billy Downer pertaining to the disclosure of his medical records before the high court, and it was a contravention of the NPA Act, but nowhere on that nolle proseque certificate appears president Ramaphosa’s name, and in that regard. I think that it is an abuse and I don’t for see there being any chances of success.”
The video below discusses the private prosecution case against President Ramaphosa: