Court Opens Way for New Charges Against Zuma [Business Day, 2009-01-12]

Publication: Business Day Issued: Date: 2009-01-12 Reporter: Sapa

Court Opens Way for New Charges Against Zuma

Publication	Business Day
Date	2009-01-12
Reporter	Sapa
Web Link	www.businessday.co.za

The Supreme Court of Appeal today upheld an appeal by the National Director of Public Prosecutions against a high court ruling that halted the prosecution of ANC leader Jacob Zuma.

This means that Zuma, the front-runner for the Presidency in the upcoming elections, will still have to face corruption charges.

The Supreme Court of Appeal delivered a scathing judgment against Judge Chris Nicholson, describing his finding of political meddling in the Jacob Zuma graft case as "erronous", "unwarranted" and "incomprehensible".

"Political meddling was not an issue that had to be determined. Nevertheless a substantial part of his judgment dealt with this question. He changed the rules of the game, he took his eyes off the ball," said acting Deputy Judge President Louis Harms, while handing down judgment in Bloemfontein.

Harms said Nicholson’s finding that he could not exclude the possibility of political meddling in the decision to re-charge Zuma was "incomprehensible ", that he erred in his judgment and that his findings were "unwarranted ".

He said Nicholson had overstepped the limits of his duty as a judge.

His findings ultimately led to the axing of president Thabo Mbeki.

"The [findings] involving Dr [Penuell] Maduna, Mr Mbeki and all the other members of cabinet ... were not based on any evidence or allegations. They were instead part of the judge’s own conspiracy theory *1 and not one advanced by Mr Zuma," said Harms.

Harms started delivering his judgment at 10am on Monday in the appeal lodged by the National Director of Public Prosecutions against the Nicholson ruling on September 12 last year.

The Bloemfontein court must rule on mainly two aspects in the appeal.

The first is whether Zuma was entitled to make representations before the NDPP decided to re-charge him with corruption and fraud in December 2007, ten days after Zuma beat Mbeki in the ANC leadership race.

The second is whether Nicholson was correct in implying in his September 2008 judgment there was political meddling by Mbeki in the decision to charge Zuma.

The top leadership of the ANC used the judgment to recall Mbeki as president, exposing Zuma-Mbeki factionalism in the ruling party which ultimately led to the birth of a breakaway party.

With acknowledgements to Sapa and Business Day.

*1 The trial court judge should recall himself from duty for the balance of the trial and additionally confine himself to labour matters, preferably not court matters.

He is unlikely to make Chief Justice even in the unlikely situation that Zuma becomes president.

It is true that the SCA judgment "opens way for new charges against Zuma", but the article does not explain in any way how it will do so.

What are these charges?

wasting the taxpayers' money with never ending court challenges?
treason for assisting a foreign company escape criminal investigation despite the existence of plausible and formally made allegations?
treason for undertaking to support a foreign company in getting government business at the expense of others?
fraud and grand larceny in assisting a local defence company and its majority foreign shareholder unlawfully compete against another local company in order to allow it to supply its inferior products; and
inter alia.

Let the good times roll.

Let the heads roll.