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May 18 10 tweets 2 min read Twitter logo Read on Twitter
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
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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More from @ewnreporter

May 18
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In the High Court in Joburg today for the challenge President #CyrilRamaphosa has brought to the private proseuction former president #JacobZuma has brought against him. The former president has just arrived at court. BW
Proceedings have kicked off, with advocate Ngwako Maentje SC - for the President - addressing the court. He’s currently addressing Zuma’s argument that Ramaphosa doesn’t have standing to bring the application in his capacity as President, as opposed to his personal capacity.
This argument is linked to Zuma’s argument that the State Attorney doesn’t have the requisite authority to represent Ramaphosa in these proceedings. #ZumaVsRamaphosa
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