The State Attorney has given former President Jacob Zuma until Wednesday to withdraw the summons ordering President Cyril Ramaphosa to appear in court in January.
The Attorney said it wanted the summons to be unconditionally withdrawn as it reflected the former president’s attorney’s lack of understanding of the law. It also said it believed the summons would be declared unconstitutional and invalid.
It added: “We hold instructions to approach the court for appropriate interdictory relief pending the setting aside of the summons. Alternatively, the summons and the certificate, should your client decline to withdraw the summons unconditionally.”
“Given the time of the year, the proceedings will be instituted as soon as possible. Counsel has been briefed to commence the work should it become necessary.”
Ramaphosa stressed that the reprieve was given at Zuma’s request but said should he fail to withdraw the summons by Wednesday, his lawyers would approach the court without delay for an interdict halting the process and would claim punitive costs.
The certificate in question is a nolle prosequi certificate Zuma has relied upon to add Ramaphosa as the third accused in the private prosecution he has instituted against Billy Downer, the prosecutor in his arms deal corruption trial, and journalist Karyn Maughan.
The document was issued on 21 November by the director of public of public prosecutions in KwaZulu-Natal, Elaine Zungi, and declares that she has declined to prosecute anybody in relation to an alleged breach of section 41 of the National Prosecuting Authority (NPA) Act.
Zuma alleges that the crime was committed when a letter from the military doctor submitted to the Pietermaritzburg high court in support of an application for a postponement in his arms deal corruption trial was released to Maughan.
Zuma served the summons last Thursday, on the eve of the ANC’s elective conference.
The charge he makes is that Ramaphosa, is an accessory after he defeated the ends of justice by failing to act after he complained that Downer and a lawyer representing the NPA, Andrew Breitenbach, had behaved improperly.
Source: News24, Mail & Guardian, Polity, image from Twitter: @Naija_PR