Mbeki files ConCourt papers
2008-09-22 21:05
Johannesburg - President Thabo Mbeki filed papers in the Constitutional Court on Monday to join an application for leave to appeal against a Pietermaritzburg High Court judgement on Jacob Zuma.
Presidential spokesperson Mukoni Ratshitanga told Sapa papers had also been filed by the Cabinet to be part of such an application.
He said Mbeki had filed in both his personal capacity and as head of the executive.
In the recent Pietermaritzburg High Court ruling, Judge Chris Nicholson found the executive might have interfered in the decision to prosecute the African National Congress president.
"I am... not convinced that the applicant (Zuma) was incorrect in averring political meddling in his prosecution," Nicholson noted in finding the prosecution of Zuma invalid.
Nicholson criticised former justice minister Penuell Maduna's involvement with former national director of public prosecutions Bulelani Ngcuka early in the investigation.
He found it startling that Ngcuka had thanked Maduna for his support at a press conference, given the independence of the NDPP.
It was after the court ruling that the ANC announced it was recalling Mbeki not to punish him, but as "a political way to deal with the implications of Judge Nicholson's ruling".
However, announcing his resignation on Sunday, Mbeki disputed suggestions of his involvement in a political conspiracy against Zuma.
"I would like to state this categorically: that we have never done this and never compromised the right of the National Prosecuting Authority to decide whom it should prosecute and not prosecute," Mbeki said.
Hinting on Monday that ANC deputy president Kgalema Motlanthe could become caretaker president, Zuma said "there is no fight" between him and Mbeki.
After Nicholson's September 12 judgement, the government said Mbeki and the Cabinet were seeking legal advice on his political interference comments.
"Cabinet respects the judiciary and its decisions," government spokesperson Themba Maseko said at the time.
The NPA has already said it intends appealing against the decision.
- SAPA