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Zuma Loses |
| Publication |
Cape Argus |
| Date | 2009-01-12 |
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Web Link |
The Supreme Court of Appeal on Monday upheld an appeal by the National
Director of Public Prosecutions against a court ruling that effectively halted
ANC leader Jacob Zuma's graft prosecution.
In a unanimous judgment, a bench of five
judges harshly criticised the high court
ruling, but dismissed an application to have a "political meddling" finding
scrapped.
However, the NDPP won part of its appeal, which means presidential front-runner
Zuma still faces charges of corruption, fraud, racketeering and tax evasion.
"The appeal is upheld with costs," said acting deputy judge president Louis
Harms.
But the ANC says Zuma is still their choice for leader.
The Supreme Court of Appeal delivered a scathing judgment against Judge Chris
Nicholson on Monday, describing his finding of political meddling in the Jacob
Zuma graft case as "erroneous", "unwarranted" and "incomprehensible".
This means that Zuma, the front-runner for the Presidency in the upcoming
elections, will still have to face corruption charges.
"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 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.
* Jacob Zuma remains the ANC's choice for president of the republic, the ruling
party said on Monday after a Supreme Court of Appeal ruling opened the way for
Zuma to be recharged.
"The ANC reiterates its position that the judgment will not affect the decision
of the ANC that Zuma be the ANC's presidential candidate for the 2009
elections," it said in a statement.
The statement was issued minutes after the SCA upheld an appeal by the National
Director of Public Prosecutions against a high court ruling that halted the
prosecution of the party's president.
The ruling means that Zuma, the front-runner for the Presidency in the upcoming
elections, will still have to face corruption charges.
The ANC said it respected the court's judgment "without reservation" .
"It is important to note that this judgment has nothing to do with the guilt or
otherwise of the ANC president. Nor does it make any pronouncements on the
merits of the charges previously brought by the NPA.
"The ANC and its president reserves the right to pursue all options available in
law," the ANC said.
With acknowledgements to Cape Argus.