Joburg – The National Prosecuting Authority says nolle prosequi certificates it issued to former president Jacob Zuma and his legal team have nothing to do with President Cyril Ramaphosa.
Last week, on the eve of the 55th ANC Elective Conference, Zuma issued a summons against Ramaphosa for the alleged contravention of the NPA Act concerning the disclosure of the former president’s medical records by prosecutor Billy Downer and News24 journalist Karyn Maughan.
Zuma wanted to privately prosecute Ramaphosa after he apparently failed to act after he wrote to him in August 2021, “requesting and/or demanding that (Ramaphosa) take all the necessary steps to ensure the institution of an urgent investigation and/or inquiry into the conduct and/or alleged misconduct of the relevant public institutions and/or officials acting in their capacities as state functionaries”.
Ramaphosa “acknowledged the seriousness of the conduct complained about by (Zuma) and claimed to have referred the matter to (Justice Minister Ronald Lamola)”.
Ramaphosa’s lawyers wrote to Zuma demanding he withdraw the private prosecution.
In a statement on Wednesday, the NPA’s advocate Rodney De Kock, the head of prosecution services, said the NPA had issued two “nolle prosequi” certificates in good faith to Zuma in compliance with Section 7 of the Criminal Procedure Act.
“These certificates were issued in direct relation to the docket (Pietermaritzburg CAS 309/10/21) which contained statements and affidavits relating to specific individuals for alleged contravention of Section 41 (6) read with Section 41(7) of the NPA Act.
“The ‘nolle’ certificates apply to any persons who are specifically mentioned in the docket.
“The president was not mentioned in any of the affidavits or statements and thus the certificates were not issued in relation to him.
“Any further clarification will be provided in court should the matter be litigated,” he said.