15/01/2009 14:06 - (SA)
Lindani Gumede, News24 User
Many people have called for Justice Nicholson's resignation and even impeachment. I believe these calls are unjustified.
When Justice van der Merwe delivered his judgment in the Zuma rape trial, he stated that as a matter of principle he avoids reading, listening and watching media reports or even talking to others about a case he's preceding over. He doesn't want to be influenced in one way or the other.
He also went on to say that he couldn't avoid all these reports in the Zuma case as there was just too much being said about it, and often incorrect.
Judges are human beings too and are bound to be affected by what happens around them, and sometimes make mistakes. Have we forgotten that the Supreme Court of Appeals (SCA) is the same court that used the term "generally corrupt relationship" in its judgment and attributed it to Judge Squires?
Judge Squires never made such a statement but the media consistently attributed it to him. This was enough proof that the SCA can also take media reports into account when making a judgment. They, therefore, had no right to criticise Judge Nicholson as much as they did.
No objectivity
The continued pursuit of the Zuma case has divided the ANC and created fierce enemies. It has certainly contributed to the polarisation of our society. It creates political instability which leads to markets being jittery. It now threatens the credibility and integrity of our judiciary.
I fully agree with Dr Xolela Mangcu that it is virtually impossible to find a single judge who can hear Zuma's case with 100% objectivity. Judge Msimang was very critical of the NPA's conduct in this case, saying some of their decisions where "ill-advised" and "based on an unsound foundation" and as a result their case "limped from one disaster to the other."
Judge Nicholson was equally critical of the NPA saying some of their decisions were "bizarre" in law and put the justice system into "disrepute." In sharp contrast the SCA was very sympathetic to the NPA and critical of Nicholson and Zuma's defence.
If the pursuit of a single man can cause so much damage to society, the justice system and other institutions of government (e.g. NIA, NPA, etc.), is it really worth it to press ahead and blindly pursue Zuma? The SCA said that the Justice Minister has a final say on the NPA's decisional to prosecute or not. This to me means political considerations can be taken into account.
Is it not time to put Zuma's matter behind us and just move on? Many people who supported apartheid often say "let us put the past behind us and move on", and refuse to accept responsibility. Why not do the same here?
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