- Jacob Zuma Foundation spokesperson Mzwanele Manyi has hinted at the former president challenging the High Court's decision to halt a private prosecution.
- Of concern to the Zuma Foundation was the court's argument that it has jurisdiction to adjudicate over the matter.
- Ramaphosa has welcomed the ruling, calling it a vindication and a demonstration that the case was brought because of ulterior motives.
The Gauteng High Court in Johannesburg granting President Cyril Ramaphosa an interdict to halt the private prosecution brought by former president Jacob Zuma is a "travesty of justice".
This is according to Jacob Zuma Foundation spokesperson Mzwandile Manyi, who was addressing the media after the judgment was handed down on Monday morning. Manyi said Zuma's lawyers would map a way forward following the ruling.
Manyi took particular exception to the full bench's assertion that the civil court had jurisdiction to adjudicate on the matter, even though Zuma had instituted a private criminal prosecution, with the matter set to be heard on Thursday.
"We are challenging their failure to separate matters. Gauteng Deputy Judge President Roland Sutherland [who delivered the judgment for the full bench] must also then explain why it is that, when it's a criminal court, they wear red robes and when it's a civil case they then wear black robes, why is that significant if a court is a court.
"His assertion that there is one court is unfounded. The facts do not support it, so clearly the lawyers [Zuma's legal team] will look into that, but as a non-lawyer, I think the judge has misdirected himself. We will see how that happens. The lawyers will advise accordingly. As I sit here now, I think it’s a travesty of justice," said a visibly enraged Manyi.
President @CyrilRamaphosa welcomes the South Gauteng High Court decision to interdict the private prosecution brought against him by Former President Jacob Zuma from proceeding until the application to set aside the private prosecution is heard. https://t.co/bSzK3TVqSI pic.twitter.com/B5YUYzPpzK
— Presidency | South Africa ???? (@PresidencyZA) January 16, 2023
Following the ruling, Ramaphosa will no longer be appearing in the dock on Thursday to face the private criminal prosecution by Zuma.
Handing over the judgment, Sutherland said the court believed that Ramaphosa's legal team had made a strong case that he should not be hauled before an "illegal prosecution".
"The harm of being submitted to an alleged illegal prosecution could not be undone, but no harm would befall the former president should his prosecution be delayed," said Sutherland.
He added:
While Zuma's lawyers contemplate their next move, Ramaphosa has welcomed the judgment. In a statement, the Presidency said the court had affirmed all the contentions made by Ramaphosa.
"The judgment confirms the position of the president that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges... constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law," reads the statement.
Another date will be handed down for when the second part of the case will be set.
The urgent application came as a last resort after Zuma instituted private prosecution proceedings against his successor, accusing him of being an "accessory after the fact".
This is after he accused advocate Billy Downer and News24 journalist Karyn Maughan of leaking Zuma's confidential medical information during his arms deal trial. Downer and Maughan have lodged applications to have the private prosecutions declare an abuse of court processes.