Answering on Friday, Zuma claimed Ramaphosa was seeking special treatment from the courts because he is the president; and that when he, Zuma, sought to quash his own prosecution because he thought it was politically motivated, he was rejected by the courts. A civil court does not have jurisdiction to quash a criminal charge before an accused had pleaded, said Zuma.In the first place, ulterior purpose was only one of his grounds.
“This specificity ensures that summonses to commence private prosecutions comply with the rule of law, he said. This had not happened here, said Ramaphosa. In a separate private prosecution, he has charged the two with contravening the NPA Act over the disclosure, without the written consent of the NPA’s national director, of a medical report later filed in court during Zuma’s criminal trial for corruption. Ramaphosa’s alleged crime is that when Zuma’s lawyers wrote to the president to complain about Downer and demanded an investigation, Ramaphosa failed to act.
Ramaphosa also said Zuma had, in his answering affidavit, referred to cases that dealt with prosecutions brought with an improper motive. But there was a difference in law between prosecutions brought with an improper motive and those brought with an ulterior purpose: the law allowed prosecutions in the latter category to be quashed.
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Ramaphosa: Zuma 'deliberately' misconstrued my case on his private prosecutionFormer president Jacob Zuma had “deliberately” misconstrued President Cyril Ramaphosa’s court challenge to Zuma’s private prosecution of him, said Ramaphosa in court papers on Tuesday. What are you trying to report here Is it not time that these frivolous matters were brought to an end and that courts could get on with the serious business of the administration of justice and the upholding of the rule of law? When is Zuma returning to prison?
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