Former president Thabo Mbeki took a swipe at his detractors yesterday in his response to the appeal court judgment that overturned Judge Chris Nicholson’s controversial ruling last year that led to his being axed as president.

Mbeki said propagation of “deliberate falsehoods *1” to attain various objectives *2 was becoming entrenched in SA.

Mbeki’s spokesman, Mukoni Ratshitanga, said the former president called on leaders and members of society to refrain from “telling lies” about him *3.

In September, Nicholson linked Mbeki and his former cabinet to political interference in the charging of African National Congress (ANC) president Jacob Zuma. That ruling was the catalyst for Mbeki’s ousting. The ANC’s allies maintain that Zuma was a victim of a political conspiracy aimed at denting his chances of becoming the country’s next president.

Mbeki welcomed the appeal court’s finding that Nicholson had no facts before him to suggest Mbeki and the cabinet interfered with the National Prosecuting Authority (NPA). Mbeki repeated his denial of executive interference in NPA work as inferred by Nicholson.

“Again I would like to state this categorically that we have never done this.

“It is most unfortunate that gratuitous suggestions have been made seeking to impugn the integrity of those of us who have been privileged to serve in our country’s national executive," he said.

While the appeal court criticised Nicholson, it did not vindicate Mbeki ­ it merely said there was not enough evidence *4 to accuse him of political interference.

Zuma’s lawyers are weighing their options, including a Constitutional Court appeal or an application for a permanent stay of prosecution.

Mbeki quoted at length from Monday’s judgment, especially where it related to the relationship and conduct of former justice minister Penuell Maduna and former prosecutions head Bulelani Ngcuka.

“Accordingly, I also agree with the SCA (appeal court) where it says most of the allegations (of political interference) were not only irrelevant but they were gratuitous and based on suspicion and not on fact.

“I also agree with the SCA where it says once again, the ‘strategy’ involving Dr Maduna, Mr Mbeki and all the other members of cabinet as well as the causal connection between the Ngcuka decision and Mr Mbeki and the cabinet as found by the trial judge were not based on any evidence or allegation. They were instead part of the judge’s own conspiracy theory, and not one advanced by Mr Zuma."

Mbeki also took a swipe at Nicholson, and said he had found the manner in which the judge arrived at negative findings against the president and the cabinet “incomprehensible".

He said he joined the NPA appeal because he wanted to correct the “unfair and unwarranted” inferences made by Nicholson against him and his cabinet.

He praised the appeal court’s leadership in the matter, and called on leaders and citizens to “critically reflect” on the practice of spreading fabrications to avoid the entrenchment of a culture that might eventually “corrupt” society *5.

With acknowledgements to Karima Brown and Business Day.