The National Prosecution Authority (NPA) on Wednesday moved to clarify that the “nolle prosequi certificates” issued to former president Jacob Zuma in his private prosecution do not apply to President Cyril Ramaphosa.
Zuma’s lawyers have used nolle prosequi certificates for another matter to secure summons against Ramaphosa, whom they accuse of not acting on a complaint made by the former president.
The NPA on Wednesday said it “takes note of the media reports relating to the summons issued in respect of President Ramaphosa”.
The NPA said it issued two nolle prosequi certificates in good faith and 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,” explained Adv Rodney De Kock, head of NPA.
“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.”
Meanwhile, earlier on Wednesday, the Jacob Zuma Foundation said the former president was not going to accede to Ramaphosa’s demand that he withdraws the summons.
Instead, the foundation insisted the summons issued were in order and the President “must appear in person” on 19 January 2023.