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UPDATE | President’s rights would be violated if private prosecution proceeds: Counsel

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The legal counsel for President Cyril Ramaphosa says his rights would be infringed upon if the private prosecution against him were to proceed.  This is in relation to the legal action instituted by former President Jacob Zuma last year.

Ramaphosa is seeking relief from the Johannesburg High Court, asking it to declare the summons issued by Zuma as unlawful, unconstitutional and invalid.

He wants the court to review and set aside the summons and also declare the nolle prosequie certificates issued as invalid.

Ramaphosa also wants to interdict Zuma from giving effect to the private prosecution.

The former President launched the legal bid against Ramaphosa last year, accusing him of failing to act against prosecutor, Advocate Billy Downer for the alleged disclosure of his medical records.

Advocate Ngwako Maenetjie, representing the President before the full bench, says “He’s made out the case too that the unlawful private prosecution breaches or threatens to breach his constitutional righst which are… in the affidavit. we submit that as an individual occupying the office of president, when his rights are threatened, his human rights are threatened or breached as he alleges, he’s got standing to institute proceedings in court to protect his rights by having the unlawful conduct declared invalid and set aside.”

The video below is the livestream:

The President’s spokesperson, Vincent Magwenya, outlines the relief Ramaphosa is seeking.

“The President is seeking the following relief. Firstly, a declaration that the first two summons issued by Mr Zuma in December, be declared unlawful, unconstitutional and invalid. Secondly, the nolle prosequi certificate issued in June and November of last year be declared unlawful, unconstitutional and invalid. Lastly, that the private prosecution of the President by Mr Zuma be interdicted.”

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