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certificate may well be an impediment to a private prosecutor’s section 34 right of access to court, especially where a recalcitrant prosecuting authority declines to prosecute a prosecutable case but withholds a certificate. This issue arises because Ms Maughan raises the absence of a certificate as one of her preliminary points which Mr Zuma does not seem to address.
"We do not enter the debate about whether there exists a valid certificate nolle prosequi in relation to Ms Maughan. Our submission is that even if there is no such certificate, that should be no impediment to an otherwise legitimate private prosecution.""By this application Ms Maughan is challenging the lawfulness of her prosecution. That is why she seeks to interdict and review it. The same considerations should apply to her.
Former president Jacob Zuma has launched a legal challenge to Deputy Chief Justice Raymond Zondo's refusal to recuse himself from presiding over issues in the state capture inquiry which relate to him and his family. Zuma's lawyers filed the challenge in the Pretoria High Court on the same day that they told the Constitutional Court he would not be participating in the inquiry's case to force him to appear before Zondo in January and February next year.
"If our courts are true to equal protection and benefit of the law in South Africa, then the President’s interdict challenge should – like Mr Zuma’s high court challenge to the legality of the State Capture Commission – not have prevented his appearance in his criminal trial. Put differently, what’s good for the President should have been good for Mr Zuma. Both had challenged the legality of the processes to which they were subjected. One was vindicated; another not.
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