Was the SCA right to 'braai' Nicholson?

[NameOfBeast]

James Myburgh writes:

The question left unanswered by the SCA's demolition of the legal merits of the Nicholson judgment - is what Chris Nicholson thought he was doing? The SCA merely describes Nicholson's departure from accepted norms as "impossible to fathom."

In Business Day on Tuesday Steven Friedman baldly asserted that, "Nicholson's judgment was tactical: it was an attempt to protect the independence of the courts in a context in which it seemed that a more straightforward judgment might have placed the judiciary in peril....t is sometimes necessary for the courts to choose their battles carefully so they might live to judge independently another day."

What this implies is that Nicholson deliberately let Jacob Zuma off the hook, in order to defuse the political pressure then building up on the courts. Although couched in sympathetic language this would, if true, be a serious indictment. It is one thing for a judge to misinterpret the law, or act incompetently - quite another for him to write a 115-page judgment knowing it to be unlawful. If such considerations did come into play, it would mean that the Zuma camp's efforts to intimidate the judiciary eventually paid off.

http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=114474&sn=Detail

The whole thing is worth reading.

 

[shadowfox]

Ok ... I haven't read it yet ... but this bit bothers me ...

What this implies is that Nicholson deliberately let Jacob Zuma off the hook, in order to defuse the political pressure then building up on the courts.

So, he defuses the political pressure by causing even more political turmoil. He could have let Zuma off the hook without some of the comments he made in his judgement.

Anyways, off to read the article, will comment more after it.

 

[Syndyre]

IMO they were absolutely right, Nicholson's judgement was clearly wrong and probably influenced by his left wing views rather than the facts of the case. The SCA implied as much.

In Business Day on Tuesday Steven Friedman baldly asserted that, "Nicholson's judgment was tactical: it was an attempt to protect the independence of the courts in a context in which it seemed that a more straightforward judgment might have placed the judiciary in peril....t is sometimes necessary for the courts to choose their battles carefully so they might live to judge independently another day."

What this implies is that Nicholson deliberately let Jacob Zuma off the hook, in order to defuse the political pressure then building up on the courts. Although couched in sympathetic language this would, if true, be a serious indictment. It is one thing for a judge to misinterpret the law, or act incompetently - quite another for him to write a 115-page judgment knowing it to be unlawful. If such considerations did come into play, it would mean that the Zuma camp's efforts to intimidate the judiciary eventually paid off.

I don't think Nicholson's actions can be justified by the first paragraph, he damaged the integrity of the judiciary and provided the ANC with an excuse to topple Mbeki.

 

[shadowfox]

IMO they were absolutely right, Nicholson's judgement was clearly wrong and probably influenced by his left wing views rather than the facts of the case. The SCA implied as much.



I don't think Nicholson's actions can be justified by the first paragraph, he damaged the integrity of the judiciary and provided the ANC with an excuse to topple Mbeki.

Yeah ... tactical it might have been (I cast heavy weight on the word might, because I don't think for a moment it was), but if it was, it was also a bleeding stupid move.

 

[sox63]

I think society is trying to find something hidden in what was merely an incorrect decision by a Judge. He is not the first one to do that, that is why we have an appeal process in the first place.

There is nothing more to it, IMO. Now all of a sudden the dude's history will be dug up, his integrity is already in question, and he is basically being set up as fall guy for some of the failings of our justice system.

 

[Syndyre]

I think society is trying to find something hidden in what was merely an incorrect decision by a Judge. He is not the first one to do that, that is why we have an appeal process in the first place.

There is nothing more to it, IMO. Now all of a sudden the dude's history will be dug up, his integrity is already in question, and he is basically being set up as fall guy for some of the failings of our justice system.

IANAL but it seemed to go far beyond what would be a 'normal' incorrect decision. He deliberately politicised it and went after the NPA etc.

 

[Alan]

IMO they were absolutely right, Nicholson's judgement was clearly wrong and probably influenced by his left wing views rather than the facts of the case. The SCA implied as much.



I don't think Nicholson's actions can be justified by the first paragraph, he damaged the integrity of the judiciary and provided the ANC with an excuse to topple Mbeki.

Another liberal activist judge legislating from the bench. Surprise, surprise

The guy is a Cheeky Twatson clone. Another glorious struggle hero shows his true colours.