Newly re-elected president of the African National Congress (ANC) Cyril Ramaphosa speaks at the 55th National Conference of the ANC in Johannesburg
Reuters

President Cyril Ramaphosa urging the high court in Pretoria to issue an order that would make the summons served on him for his private prosecution invalid and unlawful.

The private prosecution attempt is being led by his predecessor, Jacob Zuma. Ramaphosa also wants Zuma to be held accountable and pay his costs.

President Ramaphosa filed papers with the court, Monday, asking for the matter to be heard urgently.

As per the notice, it seems that Zuma structured his attempted private prosecution against Ramaphosa around a specific certificate.

The Presidency has explained in a statement that, according to the Criminal Procedure Act, a private prosecution can only happen after the person prosecuting has gotten a certificate of non-prosecution from the authorities.

"This certificate is a legal confirmation that the National Prosecuting Authority (NPA) won't be going ahead with prosecution after they've considered the charges," the statement read.

Ramaphosa included mention of such a certificate in his notice of motion.

The notice said he wanted Zuma and others, including the National Prosecuting Authority, "interdicted from taking any further steps to give effect to the nolle prosequi certificate (A nolle prosequi certificate means the NPA has declined to prosecute someone.) of 21 November 2022 ... and/or the summonses... or to pursue the private prosecution."

Ramaphosa is contending that the private prosecution is an exploitation of a process meant to keep him from serving a second term as ANC president, News 24 Reported.

On Dec. 15, former head of state Jacob Zuma released a statement that he has instituted private prosecution against current President Cyril Ramaphosa over a leaked medical report.

"Ramaphosa has been charged in a private prosecution with the criminal offense of being accessory after the fact in the crimes committed by among others Adv. Downer namely, breaching the provisions if [sic] the NPA Act," the statement read.

The report at the center of the controversy dates back to a 1990s trial involving arms corruption. Its leak to the media is what Zuma is taking issue with, and has accused Ramaphosa of being complicit in the leak.

President Ramaphosa, however, rejected Zuma's attempt to add him as an accused in his private prosecution on the eve of the ANC's elective conference.