Zuma initiated private prosecution against Ramaphosa on the eve of the ANC‘s national elective conference on 15 December 2022.
“The reasoning of the court is quite impeccable that he [Zuma] waited so long until the last minute. But he provided no explanation why he couldn’t wait just for another couple of days for January to come and he could issue the summons.”on the eve of the ANC‘s national elective conference on 15 December last year.
In their ruling, judges Mahomed Ismail, Selby Baqwa and Lebogang Modiba said Zuma’s private prosecution of the president was unlawful. 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”. “Therefore, he lacks a peculiar and substantial interest in the issue of the private prosecution instituted against Mr Ramaphosa. The charges would not lead to a conviction as they are grounded on conduct that does not constitute a criminal offence. Therefore, the private prosecution constitutes an abuse of 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.
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