About 3Â 000 ANC supporters were expected to protest outside the Supreme Court of Appeal in Bloemfontein on Friday where a full bench of five judges will hear the state’s appeal against Judge Chris Nicholson’s ruling in favour of party president Jacob Zuma.
Bloemfontein residents seemed oblivious to the magnitude of the case, which involves former president Thabo Mbeki, Zuma and the National Prosecuting Authority (NPA).
Policemen and security officials outnumbered journalists but, by 8am, there was no sign of the throngs of supporters. His supporters will, however, not be allowed near to the court’s entrance. The police have granted them the right to gather in Hertzog Square, about 500m from the court’s entrance.
Judge Louis Harmse, who is leading the hearing and who arrived at court early in the morning, ordered that everyone be seated by 9.45am and that no journalist would be allowed to move in and out of the court room.
Zuma is expected to attend the proceedings.
Only accredited journalists and supporters will be allowed inside the courtroom. According to court registrar Henry Snyman, a maximum of 60 people can be accommodated inside court.
In his judgement, Nicholson cleared the way for Zuma to become South Africa’s next president and indirectly put Mbeki in the dock.
The SCA will hear submissions from the NPA on why Nicholson was wrong.
Advocate Wim Trengove will argue that Nicholson’s interpretation of an accused person’s constitutional right to make representations to the NPA was flawed.
He will also attack Nicholson’s implication that Zuma was the victim of a political conspiracy — the finding that ultimately forced out Mbeki.
Zuma’s flamboyant senior counsel, Kemp J Kemp, will defend Nicholson’s interpretation of Zuma’s constitutional rights and argue that the judge’s comments about Mbeki were his opinion and not the crux of the appeal.
A ruling in Zuma’s favour would make his progress to the Union Buildings unstoppable.
But, if the SCA upholds the appeal, the NPA could recharge him immediately, denting his image, disrupting the ANC’s election campaign and setting the scene for more conflict between the party and the judiciary.
A successful appeal would severely test the ANC’s commitment to the rule of law and judicial independence. After a series of attacks on the ‘counter-revolutionary†courts by the ANC and its allies earlier this year, its youth wing began to describe Nicholson as ‘beautiful†and ‘sober†days before his ruling.
Mbeki’s legal team will have 30 minutes to convince the SCA why he should be a party to the appeal against Nicholson’s judgement. He has already failed in an appeal to the Constitutional Court.
If the SCA strikes down Nicholson’s comments about Mbeki’s alleged interference in Zuma’s prosecution, it will vindicate the ex-president and his backers in the ruling alliance. But a confirmation of this aspect of the judgement will hugely embarrass Mbeki, who, throughout his career, has portrayed himself as a disciplined constitutionalist.
Also on the line is Nicholson’s reputation — his judgement has been widely criticised in legal circles as constitutionally flawed and going beyond the issues, and it has been suggested that he succumbed to political pressure.