/ 14 November 2008

Mbeki takes appeal to Supreme Court

Former president Thabo Mbeki intends taking to the Supreme Court his challenge against a judgement that inferred he politically meddled in the National Prosecuting Authority’s investigation of ANC president Jacob Zuma, his spokesperson said on Thursday.

This follows the failure on Monday of Mbeki’s bid to have the ruling revoked in the Constitutional Court. The court dismissed his application, saying it was ”not in the interests of justice” to hear it at this stage.

”This is a continuation of the earlier process which involved government approaching the Constitutional Court,” said Mukoni Ratshitanga.

”The Constitutional Court as you know has made a pronouncement with regard to the government’s approach to it. Instead of approaching the Constitutional Court, the process is going to the Supreme Court of Appeal (SCA).”

He could not say when Mbeki’s lawyers would file papers at the SCA, saying only that ”a decision has already been taken in that regard”.

Mbeki on Monday was appealing against ”certain findings” by Pietermaritzburg High Court Judge Chris Nicholson that he could not exclude the possibility of political interference in the decision to charge Zuma with fraud and corruption.

In Mbeki’s urgent application for direct access to the court, he had hoped to argue that the findings of political meddling were made without affording him a hearing and constituted a violation of his constitutional rights.

He had hoped to set aside the ”unfair and unjust” findings in the judgement concerning himself or any member of the national executive who were not afforded a hearing in the Zuma matter. – Sapa