Cde Morgan

Well stated my leader , I dont want to expand on what you have just  
outlined I will end up distorting, it is properly stated.

Foward with JZ and away with the 1996 Class Project.

Nicholas Zwane



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


This message and attachments are subject to a disclaimer. Please refer
to www.it.up.ac.za/documentation/governance/disclaimer/ for full
details. / Hierdie boodskap en aanhangsels is aan 'n vrywaringsklousule
onderhewig. Volledige besonderhede is by
www.it.up.ac.za/documentation/governance/disclaimer/ beskikbaar.



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