Mary Papayya

Mary Papayya

Pietermaritzburg high court judge Chris Nicholson yesterday would not be drawn on the NPA's revelations that the case against ANC president Jacob Zuma was a political conspiracy.

But analysts believe that Nicholson's judgment has been vindicated.

Yesterday the NPA made public transcripts of taped conversations between former NPA head Bulelani Ngcuka and Scorpions boss Leonard McCarthy.

Acting national director of public prosecutions Mokotedi Mpshe said McCarthy's conduct "amounted to a serious abuse of process". He said what McCarthy did was "not simply being over-diligent in his pursuit of a case, it was pure abuse of process".

Political analyst Protas Madlala said the NPA ruling yesterday has vindicated Nicholson.

"His judgment was partly responsible for the recall of former president Thabo Mbeki after his judgment last year inferred that Mbeki manipulated the NPA in the prosecution of Zuma."

On September 12 last year, Nicholson ruled in favour of Zuma's application to have the decision by the Scorpions to charge him declared unlawful.

The Supreme Court of Appeal later overturned Nicholson's ruling, forcing opposition political parties to question his (Nicholson's) judgment.

Madlala said Nicholson was criticised but "was right all along".

In his verdict Nicholson mentioned "the titanic political struggle between the applicant (Zuma) and the president (Mbeki)".

"The rivalry of the applicant and the president is hardly open to question and the polarisation of the country into opposing camps before and after Polokwane is well-known."

Nicholson further stated the timing of the indictment by NPA against Zuma on December 28 2007, after "the president [Mbeki] suffered a political defeat at Polokwane was most unfortunate".

He said this, together with the suspension of former NPA head Vusi Pikoli, "persuade me that the most plausible inference is that political influence was continuing".