Former President Jacob Zuma’s attempt to drag President Cyril Ramaphosa before a privately funded criminal court later this week was blocked by the Johannesburg High Court on Monday.
certificate is issued by the National Prosecuting Authority when it declines to prosecute a case on behalf of the State. This opens the door for private prosecutions to be launched.
“The nub of [Ramaphosa’s] case is that to submit to the summons is a violation of his rights to freedom, because it is an unlawful summons issued by a person without title to prosecute privately,” said Sutherland.to be established at the forthcoming hearings, the result would be to invalidate the summons served on [Ramaphosa],” said Sutherland.
Said Sutherland: “In our view, a prima facie case of the right to personal freedom being violated has been shown. Next, is there any material harm? It was argued [by Zuma] the harm of appearing in a criminal court on 19 January was not material.
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