When Jacob Zuma appears in court next month *1, it will not be before Judge Chris Nicholson *2.

This was confirmed on Wednesday by KwaZulu Natal Judge President Vuka Tshabalala.

"He has completed his mandate. He went into the merits of the case and gave his views about the trial.

"I will have to find another judge."

He said he had not yet been approached by either side regarding a possible date for the next court appearance *3.

Judge Tshabalala came to Judge Nicholson's defence, saying questions regarding his competence as a judge after the Supreme Court of Appeal's trashing of his judgment this week were unnecessary.

So too where suggestions that he should resign from the bench.

"There is no need for that I would not expect it from him. He expressed a view that has been found to be incorrect. But that happens quite often to judges."

According to Sapa, Judge Tshabalala's comments coincided with a call by United Democratic Movement leader Bantu Holomisa for the Judicial Service Commission to probe whether the judge is fit to hold office.

Justice sources said Judge Tshabalala's decision to pull Judge Nicholson from the case was good news *4 as it would spare the embarrassment of a court application asking for his recusal.

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With acknowledgements to Cape Argus.