Zuma not in on court date bid

2008-11-20 18:08

Johannesburg - ANC president Jacob Zuma has nothing to do with a court application to change the date of the appeal against the dismissal of his corruption charges to after the elections, his lawyer said on Thursday.

"That application has neither been launched with Mr Zuma's authority, nor sanction," said Michael Hulley of the Society for the Protection of our Constitution's application to the Cape High Court.

The group's attorney Zehir Omar said that an application for an urgent notice of motion had been served and filed and would be heard in the court on Monday.

The group believes that the date of November 28 in the Supreme Court of Appeal was set in violation of court time limits.

They will submit that rules seven and eight of the Supreme Court of Appeal render a hearing impossible before the expiry of at least five months from the granting of the application for leave to appeal.

Zuma would be 'crippled'

On October 22 the National Prosecuting Authority was granted leave to appeal Pietermaritzburg High Court Judge Chris Nicholson's ruling which set aside the charges against Zuma.

Zuma, who the group supports as the next president of the country, would be "crippled" and "maimed" during the pre-election campaign period and the outcome of the election would not be free and fair, the society's secretary Muhammed Vawda said.

The society wants the court to order the ANC's national executive committee to ask the National Prosecuting Authority to request that the date be moved to after the elections.

However, Hulley said Zuma's legal team would not ask for a postponement of the appeal on November 28.

"We are going to argue it," Hulley said of the case which was first taken to court in 2003 after Zuma's financial adviser Schabir Shaik was convicted of facilitating bribes to him from arms company Thint.

That attempt was struck off the roll, and a second round of charges were set aside.

Both attempts were accompanied by thunderous criticism of the prosecuting and judicial authorities by Zuma supporters. The dismissal of the charges in September ultimately led to the removal of Thabo Mbeki as president.

Group's own attempt fails

The society's own attempt at getting the SCA registrar to change the date failed on the grounds that it was not a party to the case, a letter attached to its court papers said.

A court official there was not immediately available to comment.

Hulley did not want to comment on the society's contention that court rules had been violated.

The NPA said it too would be ready to proceed with the appeal.

- SAPA