Harms’ ruling on Zuma: A matter for celebration and concern

Posted: January 12th, 2009 | By Ray Hartley | Posted in General
  • 8 Comments
  

THE ruling by the Supreme Court of Appeal that the National Directorate of Public Prosecutions could go ahead with its case against Jacob Zuma was breathtaking.
Seldom has a judge come under as severe a public assault as Judge Chris Nicholson did for his ruling that charges against Zuma had not followed proper procedure.
Judge Louis Harms, speaking on behalf of five Supreme Court judges went so far as to state: “He (Nicholson) changed the rules of the game, took his eyes off the ball and red-carded not only players but also spectators. Lest his judgment be considered authoritative it will be necessary to deal with these matters.”
Harms may have mangled the English language, but in his mixed metaphors lies a scathing assault on a colleague for a major failure of judgment.
His argument was essentially that Nicholson ought to have confined himself to the merits of the case and not pronounced on the motives of Mbeki or the prosecutions bosses who indicted Zuma.
And, turning to the merits of the case, Harms found that the correct procedure had been followed and that there was no reason why Zuma’s prosecution should not proceed.
That the judiciary could differ so widely on the same case is both a cause for celebration and concern.
Celebration because it shows that they are not operating as a protective fraternity. The spirit of independence is as strong as ever.
Concern because it suggests that powerful external forces are starting to exert pressure on the judiciary.
Nicholson must have known that he was departing from conventional jurisprudence and entering the world of politics when he painted a picture of Mbeki’s interference even though this was not a substantial matter in the case.
Zuma will now have to finally face the music in court, the only way to settle this controversy.

Related posts:

  1. Harms judgment overturning Nicholson’s Zuma ruling – full text
  2. Judge Harms tears Zuma judgment to shreds: Corruption trial may proceed
  3. NPA appeal against Zuma ruling: Full text
  4. Jacob Zuma’s Founding Affadavit to the Constitutional Court – full text
  5. Supreme Court ruling on Hlophe good for media freedom

 

Comments

 

Eli Jikelele

January 12, 2009 at 6:46 pm

Friends of Jacob Zuma, let us rejoice!!!

Now that the Supreme Court judges have spoken, let’s give the honorable Mr. Zuma a break so that he can catch his breath.

Then let him prepare to answer the hundreds of counts of fraud, racketeering, money-laundering, and defeating the ends of justice. He also has a couple of marriages in the pipeline that he needs to organise.

I for one think we should support his efforts to clear his name in court… whatever is left of it. With all the marriages, court appearances and working at fathering even more offspring, JZ is going to need lots of friends with verrrrry deep pockets. Unfortunately, all my pockets have holes in them.

 

Zabalaza

January 13, 2009 at 6:15 pm

Eli,if you carry on like that,you wont be getting any invitations to Zuma’s many upcoming weddings and the many children’s christening to follow.Dont you know what a jol Zuma’s sponsored parties are?

I understand that anti-Depressants and Viagra sales are flying through the roof since yesterday’s Judgement,especially in a certain province favoured by holiday makers…Ooouch nkosi’yami.

 

Larry Goodfella

January 13, 2009 at 9:19 pm

I klapped a paint tin after work today

 

Bonginkosi

January 14, 2009 at 7:39 am

It is a matter of grave concern indeed that Justice Nicholson was so way off base in his judgement. What is particularly of concern is the fact that there seems to be no distinction in his mind what is fact, what is a ruling around facts presented to him and what are his own personal views etc. They had to write a whole chapter just to school him on the judicial function!! Something is very rotten in the state of SA when judges start making ‘political’ judgements. No-one can vouch to be ‘equal’ then before the law; if you do not share the judge’s political views, you are toast! There is something very wrong about that.

 

Zabalaza

January 14, 2009 at 3:49 pm

Exactly the reason why i wouldnt even think of commiting a crime Bonginkosi,imagine if you were to appear in front of a judge like Nicholson,i somehow never trusted our judiciary and Nicholson doesnt make things better.

 

Rob Knowles

January 15, 2009 at 6:40 pm

It’s strange, but I seem to remember all the experts supporting Judge Nicholson’s ruling at the time it was made. Now they all appear to support Harms, pointing out the flaws in Nicholson’s judgment. They’re probably related to the other group of experts who forgot to mention in advance the recent financial system collapse.

Forget about the arms scandal for a moment, something he may well be acquitted of. What about the leader of the ANC Youth League who would, ‘kill for Zuma’. Where was the denunciation? Surely the president of the ANC should caution his young followers that using such emotive terminology is unacceptable? But no, JZ was seen to actively support it, and everyone seems to be satisfied that ‘kill’ was being used metaphorically.

Now lawyers are pulling the Chirac maneuver in an attempt to stop JZ choking on his political ambition. But it’s all too late. Doesn’t he understand the damage he is doing to our nation? The credibility chasm he’s created is swallowing him whole. Even if he becomes President, what respect is he going to muster from world leaders? Still, with the power to sack a duly elected national leader and replace him with a glove puppet, who actually needs to be State President?

Perhaps JZ is innocent of all charges, and his protractors have set him up. Or he is guilty. Neither case bodes well for the politicians (and others) in power. But, for the love of South Africa, please Mister Zuma, stop this nonsense, now.

 

Larry Goodfella

January 15, 2009 at 7:49 pm

Rob Knowles, – Protractors?

Zuma’s detractors are not that clever. Rather that he, and his supporters are dead brain matter.

Just look for a moment at Malema. If he is the leader of the ANC youth, what then is the state of mentality of the youth who he leads. Likewise with the so-called adults of the ANC rank and file.

These people pretend to run a country. Like any scam, the wheels come off in the end.

 

Eli Jikelele

January 16, 2009 at 12:02 pm

Just as it did in Zimbabwe where the vast majority blindly supported Zanu-PF until it ended in a failed state, so loyal ANC supporters will again vote for the ANC in this year’s election.

They will, of course, eventually wake up when they start dying in their thousands from sickness, crime and starvation. Unfortunately, the country’s coffers will have been plundered by then with no hope of recovery. Just as it has in the many countries to our North.

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