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The court affirmed all of the President’s key contentions, namely on jurisdiction of the court to hear the interdict application, the urgency of the matter against a court appearance date based on a prima facie unlawful nolle prosequi. The court further found in the President’s favour on the violation of rights to personal freedom based on a prima facie defective summons.
The judgement confirms the positon of the President that the private prosecution is motivated by the ulterior purpose based on spurious and unfounded charges, constitutes an abuse of private prosecution provisions and demonstrates flagrant disregard for the law.
Distributed by APO Group on behalf of The Presidency: Republic of South Africa.
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