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In an effort to bring a private case against his successor, President Cyril Ramaphosa, former President Jacob Zuma is scheduled to appear in South Gauteng High Court in Johannesburg on Thursday.
The former president appears in court after the high court on Monday granted Ramaphosa an urgent interim interdict against private prosecution by Zuma.
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Ramaphosa had successfully established a prima facie case that his right to personal freedom was being violated, according to the high court’s full bench, which ruled that his application for an interim interdict was urgent.
Part A of the president’s application, an urgent interim interdict to prevent his appearance in court on Thursday, was heard by the court. His application’s Part B is anticipated to be heard at a later time.
The foundation’s spokesperson, Mzwanele Manyi, said that according to the standing directives, Zuma must appear at the criminal proceedings sitting scheduled for Thursday at 9.30 a.m. in his capacity as the private prosecutor.
“The purpose thereof amongst others will be to explain the latest developments introduced by the judgment, the (likely) absence of the accused as a result of the said judgment and more importantly to specifically avoid the adverse consequences of Section 11 (1) of the Criminal Procedure Act 51 of 1977.
Manyi said the Act states that: “If the private prosecutor does not appear on the day set down for the appearance of the accused or for the trial of the accused, the charge against the accused shall be dismissed unless the court has reason to believe that the private prosecutor was prevented from being present by circumstances beyond his control, in which event the court may adjourn the case to a later date”.
On the eve of the ANC’s 55th elective conference in December, Zuma accused Ramaphosa of being an “accessory after the fact” in relation to charges Zuma is pursuing against senior state prosecutor Billy Downer and journalist Karyn Maughan. Ramaphosa responded by requesting an urgent interim interdict.
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Zuma accused Downer and Maughan of violating the National Prosecuting Authority (NPA) Act by disclosing a doctor’s note that was submitted during the former president’s arms deal corruption trial without the national director of public prosecutions’ consent.
Despite the fact that the medical note was included in the public court record submitted by Zuma’s own legal team, the two have been accused of conspiring to publicly release his medical information on August 9, 2021.
When he filed a complaint with Ramaphosa’s office on August 19, 2021, the former president claimed that the latter had engaged in criminal behaviour by failing to take action against Downer and Maughan.
On the other hand, Ramaphosa has claimed that he was innocent of any wrongdoing because, in a letter he sent to Zuma’s legal counsel on August 25, 2021, he informed them that the matter had been forwarded to Justice Minister Ronald Lamola and requested that he refer the complaint to the Legal Practice Council.
In an effort to bring a private case against his successor, President Cyril Ramaphosa, former President Jacob Zuma is scheduled to appear in South Gauteng High Court in Johannesburg on Thursday.
The former president appears in court after the high court on Monday granted Ramaphosa an urgent interim interdict against private prosecution by Zuma.
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Ramaphosa had successfully established a prima facie case that his right to personal freedom was being violated, according to the high court’s full bench, which ruled that his application for an interim interdict was urgent.
Part A of the president’s application, an urgent interim interdict to prevent his appearance in court on Thursday, was heard by the court. His application’s Part B is anticipated to be heard at a later time.
The foundation’s spokesperson, Mzwanele Manyi, said that according to the standing directives, Zuma must appear at the criminal proceedings sitting scheduled for Thursday at 9.30 a.m. in his capacity as the private prosecutor.
“The purpose thereof amongst others will be to explain the latest developments introduced by the judgment, the (likely) absence of the accused as a result of the said judgment and more importantly to specifically avoid the adverse consequences of Section 11 (1) of the Criminal Procedure Act 51 of 1977.
Manyi said the Act states that: “If the private prosecutor does not appear on the day set down for the appearance of the accused or for the trial of the accused, the charge against the accused shall be dismissed unless the court has reason to believe that the private prosecutor was prevented from being present by circumstances beyond his control, in which event the court may adjourn the case to a later date”.
On the eve of the ANC’s 55th elective conference in December, Zuma accused Ramaphosa of being an “accessory after the fact” in relation to charges Zuma is pursuing against senior state prosecutor Billy Downer and journalist Karyn Maughan. Ramaphosa responded by requesting an urgent interim interdict.
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Zuma accused Downer and Maughan of violating the National Prosecuting Authority (NPA) Act by disclosing a doctor’s note that was submitted during the former president’s arms deal corruption trial without the national director of public prosecutions’ consent.
Despite the fact that the medical note was included in the public court record submitted by Zuma’s own legal team, the two have been accused of conspiring to publicly release his medical information on August 9, 2021.
When he filed a complaint with Ramaphosa’s office on August 19, 2021, the former president claimed that the latter had engaged in criminal behaviour by failing to take action against Downer and Maughan.
On the other hand, Ramaphosa has claimed that he was innocent of any wrongdoing because, in a letter he sent to Zuma’s legal counsel on August 25, 2021, he informed them that the matter had been forwarded to Justice Minister Ronald Lamola and requested that he refer the complaint to the Legal Practice Council.