Judge Will 'Take Criticism In Stride' |
Publication |
Cape Argus |
Date | 2009-01-14 |
Reporter | Staff Reporters |
Web Link |
Legal colleagues believe Judge Chris Nicholson will take the Supreme Court
of Appeal's criticisms in his stride.
Judge Nicholson, 63, is on leave and could not be contacted for comment on
yesterday's damning "pulping" of his earlier judgment in ANC president Jacob
Zuma's case by five senior judges. Neither could KwaZulu-Natal Judge President
Vuka Tshabalala, who appointed Judge Nicholson to hear the case.
Judge Nicholson's judgment, in essence, found there had been political meddling
in Zuma's prosecution - and this essentially cost former president Thabo Mbeki
his job.
While the judgment yesterday left many wondering how he apparently got it so
wrong, a colleague said Judge Nicholson would take the Supreme Court of Appeal's
criticisms on the chin.
However, other comments about Judge Nicholson, both inside and outside court,
have become personal. On his blog, Constitutionally Speaking, UCT law professor
Pierre de Vos calls him a "cowboy ".
Nevertheless, a lawyer colleague defended him: "I don't think he was way off the
mark. He looked at the political reasons why decisions were made (to prosecute
Zuma). If you don't address these issues, then
you don't see the injustices *1."
Meanwhile, Judge Chris Nicholson may have to explain his ruling in the Jacob
Zuma case if a complaint is lodged with the Judicial Service Commission.
The Appeal Court said that "for reasons that are impossible to fathom", Judge
Nicholson had failed to adhere to some basic tenets of the law
by failing to confine his judgment to the issues before the court;
by deciding matters that were not relevant
by creating new factual issues;
by making gratuitous findings against persons who were not called upon to defend
themselves;
by failing to distinguish between allegation, fact and suspicion; and
by transgressing the proper boundaries between judicial, executive and
legislative functions.
With acknowledgements to Cape Argus.