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President Cyril Ramaphosa is seeking to have the summons against him declared invalid and set aside. Picture: GCIS
President Cyril Ramaphosa is seeking to have the summons against him declared invalid and set aside. Picture: GCIS

President Cyril Ramaphosa wants the high court in Pretoria to issue an order declaring the summons served on him for his private prosecution unlawful, invalid and to be set aside.

The president also wants his predecessor, Jacob Zuma, who is behind the private prosecution attempt, to pay his costs. 

In papers filed to the court on Monday, Ramaphosa sought to have the matter heard urgently. 

He listed Zuma, the director of public prosecutions in KwaZulu-Natal, the National Prosecuting Authority (NPA) and registrar of the high court in Johannesburg as respondents in the case. 

While he waits for the ruling on his application, Ramaphosa wants an interdict to stop the respondents from taking any further steps to give effect to the nolle prosequi certificate issued to Zuma by the NPA on November 21 and the summons issued by the registrar on December 15 and 21. 

Zuma has instituted a private prosecution against Ramaphosa over his alleged failure to adequately deal with allegations against state advocate Billy Downer of improper conduct.

The summons was issued after Ramaphosa’s political opponents failed to topple him in parliament over the Phala Phala report before the ANC’s recent elective conference.

Spokesperson for the Jacob Zuma Foundation, Mzwanele Manyi, told SABC News that Zuma would definitely oppose Ramaphosa’s application for an urgent interdict, saying it was an “abuse of process” as he could raise his concerns in court on January 19 when Zuma’s private prosecution is due to be heard.

Manyi said the “urgency” of Ramaphosa’s application was of his own making as he had had notice of Zuma’s  private prosecution before Christmas Day.

Ramaphosa wants his interdict application to be heard on January 10.

Update: December 28 2022
This story now includes reaction from  the Jacob Zuma Foundation.

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