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Back in the Joburg High Court today for the final day of #RamaphosaVsZuma. Advocate Dali Mpofu - for Zuma - is still addressing the court. He's now addressing the standing issue. BW
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Ramaphosa is cited in the challenge he's brought to his private prosecution as "The Preisdent of the Republic of South Africa".
Zuma's position is that he can't bring it in his official capacity because he's being privately prosecuted in his personal capacity.
In support of this, Mpofu argues that the President is an "office" and an "organ of state" and that only a human being cannot commit a criminal act.
This point is also linked to Zuma's contention that Ramaphosa shouldn't be enjoying representation through the State Attorneys Office.
Mpofu is now reading from the 2021 SCA ruling dismissing Zuma's appeal against a high court ruling for the state attorney to recover the millions of rands it had forked out for him in the arms deal corruption case.
Mpofu is now done with the points in limine and is moving onto the merits. He's now addressing Ramaphosa's argument that the summons was issued by the Registrar without a valid nolle prosequi certificateand without payment of security.
Essentially, he says it's not the registrar's job to interrogate private prosecutions.
On the issue of the security - which Ramaphosa argues Zuma did not pay before summons were issued as required - Mpofu is now pointing to the urgent court which heard Ramaphosa's January application for an interim interdict, having condoned the late payment.
He also emphasises the security has now been paid in any case.
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