|
A Damning Judgment |
| Publication |
Cape Argus |
| Date | 2009-01-13 |
| Reporter | Editorial |
|
Web Link |
The dust will take some time to settle following the damning judgment handed
down yesterday by Acting Deputy Judge President
Louis Harms *1 in the appeal by the National Prosecutions Authority
against the September 2007 ruling of Judge Chris Nicholson.
Speaking for the five Supreme Court of Appeal
judges who heard the case *2, Judge Harms gave a detailed breakdown of
why the Nicholson ruling was flawed on technical and constitutional grounds.
But a substantial part of the judgment highlighted how Judge Nicholson had
"changed the rules of the game, took his eyes off the ball and red-carded not
only players but also spectators". Although Judge Nicholson had acknowledged in
his judgment that the question of political meddling was not an issue that had
to be determined in the case, he had nonetheless expressed opinions on the
matter "based on his own conspiracy theories" and in some instances, based on
newspaper speculation.
The consequence for then-president Thabo Mbeki, of course, was that the ANC used
the Nicholson finding as grounds to recall him from office. But Mbeki was not
alone in being harmed. Then justice minister Penuell Maduna, the Cabinet and the
NPA were linked by Judge Nicholson in what he believed to be a conspiracy
against Zuma.
Yesterday the SCA ruled that although prejudice to these parties was manifest,
it was too late to strike down Judge Nicholson's "political meddling"
statements, as the "damage has been done". Instead the SCA ruled only on
technical aspects of the appeal.
No doubt this will now be challenged.
Political interests are intimately linked to the outcome and the prosecution of
Jacob Zuma will still be stymied in every way
that his supporters can conceive.
The fallout from this fiasco is far from
over.
With acknowledgements to
Cape Argus.
and as :
In the Schabir Shaik SCA appeal they were :