Publication: Cape Argus Issued: Date: 2009-01-14 Reporter: Staff Reporters

Judge Will 'Take Criticism In Stride'

 

Publication 

Cape Argus

Date

2009-01-14

Reporter Staff Reporters

Web Link

www.capeargus.co.za



 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.




*1       The problem is that there were no injustices and are no injustices to the Accused.

Only Nicholson saw these (other than Kemp. J. Kemp but then he was blindsided by substantial splodges of legal fees). .

That is an injustice in itself.

But the difference is is that it is plain for all to see.

Can he make like Baldrick and come up with a cunning plan for the next act of the pantomime?

Otherwise he should be striding nowhere fast but slouching off into the sunset.