Canaan Mdletshe and Eric Naki

Canaan Mdletshe and Eric Naki

While opposition parties yesterday welcomed the decision of the Pietermaritzburg high court to grant leave to appeal to the NPA on the Jacob Zuma judgment, the ANC said this signaled yet another attempt to resurrect the trial.

The ANC also said this was aimed to block Zuma from running and becoming head of state.

ANC spokesman Brian Sokutu said Zuma had been the subject of "vindictive prosecution".

National Democratic Convention leader Hawu Mbatha said Judge Nicholson had done well to grant leave to appeal.

Independent Democrats leader Patricia de Lille said the ID maintained that a fair trial "included the right to appeal" since all people are equal before the law.

The ANC yesterday said it noted the decision and reiterated that it respects the independence of the judiciary as enshrined in the Constitution.

Yesterday Judge Chris Nicholson granted the state leave to appeal against his September 12 judgment that invalidated charges brought against Zuma. Nicholson said the case was complex and that certain sections of the Constitution had never before been argued.

The NPA was represented by Wim Trengove. Trengove submitted that there were 16 grounds on which they believed the supreme court could reach a different decision to the one reached by Nicholson.

"Our course of action is based on the belief that another court would need to analyse Section 179 (5) of the Constitution," he said.

He said he believed the judge's inference of political interference in the case was improper and another court might rule otherwise.

Before Zuma's lawyer, Kemp J Kemp, submitted his argument, Nicholson said: "I would need a lot of persuading that this application should be refused."

Kemp said he did not think another court would rule differently on the judgment.

The legal issues involved are "no reason to grant leave to appeal", he said.

NPA spokesman Tlali Tlali said the legal team was headed for the Bloemfontein supreme court of appeal.