RAMAPOSA VS ZUMA

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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER: /2022
In the application of:
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Applicant
And
JACOB GEDLEYIHLEKISA ZUMA First Respondent
THE DIRECTOR OF PUBLIC PROSECUTIONS, Second Respondent
KWA-ZULU NATAL
NATIONAL PROSECUTION AUTHORITY Third Respondent
THE REGISTRAR OF THE HIGH COURT OF SOUTH AFRICA;
GAUTENG LOCAL DIVISION, JOHANNESBURG Fourth Respondent
NOTICE OF MOTION
PART A:
TAKE NOTICE THAT the applicant intends to make an application to this
Honourable Court on Tuesday, 10 January 2023, for an order in the following
terms:
0027676/2022
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1. The application is heard as one of urgency and the ordinary forms and service
   provided for in the Uniform Rules of Court are dispensed with in line with Rule
   6(12).
2. Pending the final determination of Part B of this application:
   2.1. the respondents are interdicted from taking any further steps to give effect
   to the nolle prosequi certificate of 21 November 2022 (“the certificate”)
   and/or the summonses issued by the Registrar on 15 and 21 December
   2022 (“the summons”), or to pursue the private prosecution under case
   number: 059772/2022 (“the private prosecution”), against the applicant
   in any way;
   2.2. the applicant is excused from appearing before this Court on 19 January
   2023 or on any other date pursuant to the certificate and/or the summons.
3. The costs of this application are to be paid by the first respondent, alternatively
   his legal representatives, and any other respondent that opposes the
   application, on an attorney and own-client scale, such costs to include the costs
   of two counsel.
4. Further and/or alternative relief.
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   TAKE NOTICE FURTHER THAT the founding affidavit of MATAMELA CYRIL
   RAMAPHOSA together with the annexures thereto, will be used in support of this
   application.
   TAKE NOTICE FURTHER THAT the applicant has appointed the State Attorney
   Johannesburg, 95 Albertina Sisulu Road, North State Building, cnr of Albertina
   Sisulu and Kruis Streets, Johannesburg c/o HMncube@justice.gov.za as the
   address at which he will accept notice and service of all process in the proceedings.
   TAKE NOTICE FURTHER THAT should the respondents intend to oppose the relief
   sought in Part A of this application, they are required to:
5. deliver notice to the applicant’s attorneys that they intend to oppose the
   application on or before 28 December 2022;
6. appoint in such notice an address referred in rule 6(5)(b) at which they will accept
   notice and service of all process in these proceedings; and
7. File an answering affidavit, if any, by 3 January 2023.
   PART B:
   TAKE NOTICE THAT the applicant intends to make application to this Honourable
   Court on a date to be arranged with the Registrar for an order in the following terms:
8. It is declared that the summons is unlawful, unconstitutional, invalid and of no
   force or effect, and is set aside.
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9. To the extent only that the certificate is interpreted to relate to the applicant, it is
   declared unlawful, unconstitutional, invalid and of no force and effect, and is set
   aside.
10. It is declared that the private prosecution is unlawful, unconstitutional, invalid
    and of no force or effect, and is set aside.
11. The costs of this application are to be paid by the first respondent, alternatively
    his legal representatives, and any other respondent that opposes the
    application, on an attorney and own-client scale, such costs to include the costs
    of two counsel.
12. Further and/or alternative relief.
    TAKE NOTICE FURTHER THAT the founding affidavit of MATAMELA CYRIL
    RAMAPHOSA together with the annexures thereto, will be used in support of this
    application.
    TAKE NOTICE FURTHER THAT the applicant has appointed the State Attorney
    Johannesburg, 95 Albertina Sisulu Road, North State Building, cnr of Albertina
    Sisulu and Kruis Streets, Johannesburg c/o hmncube@justice.gov.za as the
    address at which it will accept notice and service of all process in the proceedings.
    TAKE NOTICE FURTHER THAT:
13. in terms of Rule 53(1)(a) of the Uniform Rules of Court, the second and fourth
    respondents (i.e., the DPP and the Registrar) are called upon to show cause
    why the certificate and the summons should not be reviewed and set aside by
    this Court;
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14. in terms of Rule 53(1)(b), the second and fourth respondents are called upon to
    deliver to the Registrar of this Court, within 15 days after receipt of this notice of
    motion, the records of proceedings pursuant to which the certificate and the
    summons were issued (including all documents, letters, memoranda, reports,
    recommendations, minutes and other materials which were before the second
    and fourth respondents when the certificate and the summons were issued),
    together with such reasons as the second and fourth respondents are by law
    required or desire to give or make, and to notify the applicant that they have
    done so, provided that if any of these documents have already been provided to
    the applicant it will be sufficient for them to be identified in a schedule in such a
    way that they are readily identifiable;
15. in terms of Rule 53(4) of the Uniform Rules of Court, the applicant may within 10
    days of receipt of the record of proceedings from the Registrar, amend, add to
    or vary the terms of the notice of motion and/or supplement their founding
    affidavit, by delivery of a notice and accompanying affidavit.
    TAKE FURTHER NOTICE THAT if any of the respondents intends opposing this
    application they are required to:
16. within 15 days after receipt of this notice of motion or any amendment of it,
    deliver notice to the applicant that they intend to oppose this application and
    appoint in such notice an address within 15 kilometres of the office of the
    Registrar of this Court at which they will accept notice and service of all process
    in these proceedings; and
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17. within 30 days after the expiry of the time referred to in Rule 53(4) of the Uniform
    Rules of Court deliver any affidavits they may desire to answer to the allegations
    made by the applicant.
    TAKE NOTICE FURTHER THAT if no notice of intention to oppose be given, this
    application will be set down on the unopposed basis and proceed on a date to be
    determined by the Registrar of this Court.
    DATED at JOHANNESBURG on this the 26TH day of DECEMBER 2022.
    S.G.D H.MNCUBE

STATE ATTORNEY JOHANNESBURG
Attorneys for the Applicant
North State Building
95 Albertina Sisulu Street
Cnr of Albertina Sisulu and Kruis Street
Johannesburg
Tel: 011 330 7600
Email: HMncube@justice.gov.za
ref: 5004/22/p34/H.Mncube
TO: REGISTRAR OF THE HIGH COURT
JOHANNESBURG
AND TO: W N ATTORNEYS INCORPORATED
Attorneys for the Respondent
477 Falda Street
Cnr. Windsor Road and Falda Street
7
Garsforntein, Extension 5
Pretoria, Gauteng
Ref: Mr W Niedinger/VS/Z009
C/O CUMMINGS ATTORNEYS
Unit 5, Gables Office Estate
Cnr. J.G. Strydom and Tennis Roads
Weltevredenpark
Rooadepoort
Tel: 012 111 9029
Email:waltern@mweb.co.za
AND TO: JACOB GEDLEYIHLEKISA ZUMA
First Respondent
KwaNxamalala Residence
Nkandla
AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS, KWA-ZULU
NATAL
Second Respondent
286 Pietermaritz Street,
Pietermaritzburg, 3200