The finding of the Supreme Court of Appeal (SCA) on the Judge Chris Nicholson ruling was expected, noting the history of bungling on this case and severity of the technical issues in contest.
The SCA is of the opinion that Judge Nicholson "overstepped" his authority in a verdict that tossed out corruption charges against ANC president Jacob Zuma. Yet its opinion has no proof or certainty either. It simply begets ignorance. The rule of law overrides any opinions. The fact is charges of corruption against Zuma emanate from the arms deal and none of the major players or beneficiaries were charged or convicted by the National Prosecuting Authority (NPA). Yet there is grave prima facie evidence that former president Thabo Mbeki met members of a Germany company which did not even make it in the short list but got to the front of the queue for some of the contracts. Even then, South African ambassador to France Barbara Masekela affirmed before then NPA head Vusi Pikoli that she has a recollection of arranging such a meeting as part of her diplomatic duty. Common sense tells me that Mbeki meddled in the case and allowed Scorpions to pursue Zuma without offering him protection same way he did with the national police commissioner Jackie Selebi. The SCA judges simply overlooked the serious and unambiguous impression of the prima facie evidence relied upon by circumstances based on common cause factors relevant to the matter, to imply to have been rested on some unsubstantiated newspaper reports, in attempt to escape the judicial duty to test the factual merit of the impunged allegations advanced by Zuma. The political conspiracy has been a widely held view within the alliance circles and an allegation which Zuma canvassed in his papers. It’s well known fact that common sense was the only basis for Judge Nicholson’s finding and freethinking was the best sense we came to know of. The assertion that the SCA ruling vindicates Mbeki and incriminates Zuma as reported is patently flawed. The court simply dismissed the inference of political meddling to give NPA ammunition to ignite the trial proceedings against Zuma. It further dimissed Mbeki's application to be granted leave to intervene as interested party in the appeal proceedings because his feelings about the judge's reference of possible in the Zuma's prosecution are irrelevant to the matter. It's against this background that Zuma should seek legal advice and further challenge the outcome of the SCA at the constitutional court. Morgan Phaahla, Ekurhuleni --- On Mon, 1/12/09, Castro Ngobese <[email protected]> wrote: From: Castro Ngobese <[email protected]> Subject: [YCLSA Discussion] SUPREME COURT OF APPEALS JUDGEMENT A PROLONGED JUDICIAL ONSLAUGHT AGAINST ANC PRESIDENT JACOB ZUMA! To: "news" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Thabo Shole-Mashao" <[email protected]> Date: Monday, January 12, 2009, 8:10 AM #yiv338248189 <!-- _filtered #yiv338248189 {panose-1:2 4 5 3 5 4 6 3 2 4;} _filtered #yiv338248189 {font-family:Calibri;panose-1:2 15 5 2 2 2 4 3 2 4;} _filtered #yiv338248189 {panose-1:2 11 5 6 2 2 2 3 2 4;} #yiv338248189 #yiv338248189 p.MsoNormal, #yiv338248189 li.MsoNormal, #yiv338248189 div.MsoNormal {margin-top:0cm;margin-right:0cm;margin-bottom:10.0pt;margin-left:0cm;line-height:115%;font-size:11.0pt;} #yiv338248189 p {margin-right:0cm;margin-left:0cm;font-size:12.0pt;} #yiv338248189 .MsoChpDefault {} #yiv338248189 .MsoPapDefault {margin-bottom:10.0pt;line-height:115%;} _filtered #yiv338248189 {margin:72.0pt 72.0pt 72.0pt 72.0pt;} #yiv338248189 div.Section1 {} #yiv338248189 YCL STATEMENT ON THE SUPREME COURT OF APPEALS JUDGEMENT Monday 12 January 2008 The Young Communist League of South Africa [uFasimba] notes and respects the judgement delivered today 12 January 2009, by Supreme Court of Appeals Judge Louis Harms in lieu of the appeal by the NPA against the watershed decision of Judge Charles Nicholson on the application by the President of the ANC to declare the charges against him invalid. As the YCLSA we still hold the firm view that the President of the ANC has no case to answer and that the NPA is involved in a political conspiracy against him, and thus their continued abuse of the organs of class rule – the Courts and the media in their attempts to further this evil political deed. Today's judgement by Judge Harms came as no surprise since it is part of a prolonged judicial onslaught against the President of the ANC. It should be noted and understood that today's judgement falls squarely within the political conspiracy matrix as initiated at the time of Bulelani Ngcuka. As the YCLSA we will be studying the merits and demerits of the judgement delivered by Judge Harms as part of soliciting an informed response and formulation of our contribution to the broader transformation of our judiciary system. This judgement does not in anyway dissuade us from our long held view that Comrade Jacob Zuma will be the next undisputed President of the Republic and thus as the YCLSA we will work tirelessly to achieve this noble goal. The judicial cycle continues to be on the roll and we encourage the ANC President to take the matter further to the Constitutional Court. We urge the NPA not to be overboard by playing political gimmicks as a result of today's judgement, but instead they should join efforts of finding a political solution on this matter in the interest of the country and our young democracy. As the YCLSA, mandated by our 2006 National Congress resolution and reaffirmed by our National Council held last year in December 2008, we will continue mobilising our members and the youth in general to vote for the ANC and to ensure an increased majority in the forthcoming national and provincial elections. Issued: Young Communist League of South Africa 1 – 5 Leyds Street, COSATU Hse, Braamfontein Contact: Castro Ngobese YCL National Spokesperson – 082 567 3557 --~--~---------~--~----~------------~-------~--~----~ You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . -~----------~----~----~----~------~----~------~--~---
