/ 29 October 2008

Zuma applies to have Mbeki appeal struck from roll

African National Congress (ANC) president Jacob Zuma on Wednesday applied to have Thabo Mbeki’s appeal against ”certain findings” by Judge Chris Nicholson struck from the Constitutional Court roll.

Zuma’s latest application came after Mbeki last week requested that his appeal be postponed indefinitely.

Mbeki made the request after Nicholson last week granted the state leave to appeal against the September 12 judgment, which invalidated charges brought against Zuma.

In his request, Mbeki said that it was likely that the Supreme Court of Appeal would rule over his alleged interference in the Zuma case.

However, in the papers filed on Wednesday by Zuma’s attorney, Michael Hulley, Zuma says that ”the mere striking off of the matter does not preclude the applicant [Mbeki] from launching these or similar proceedings at a time that he deems appropriate”.

Mbeki is appealing against ”certain findings” by Nicholson in the judgement that also found the prosecution of Zuma on racketeering, money-laundering, corruption and fraud charges was invalid.

Mbeki is asking the Constitutional Court to order that the high court ”ought not to have made findings of and concerning” him ”without having afforded him a hearing” and that these findings ”constitute a violation of his rights”. He wants these ”unfair and unjust” findings set aside.

Meanwhile, Zuma said on Wednesday he had no problem with people who wanted to form a new organisation or political party.

”And, if they recruit, if they get members from any other party … we have no problem,” he told a gathering in Bloemfontein.

The ANC was, however, not going to allow people to use the ANC structures to destroy the party.

”There we take a position,” he said.

Zuma has been in the Free State for the past two day drumming up support for the ANC and urging youths and supporters to register and vote in the 2009 general elections. — Sapa