By Nathi Olifant
KwaZulu-Natal Judge Chris Nicholson has been surprised by some of the far-reaching consequences of his September 12 ruling in the Jacob Zuma case.
While declining to comment on the judgment itself, Judge Nicholson spoke briefly about its aftermath during an interview with The Mercury on Friday night, following a function in Pietermaritzburg to honour KwaZulu-Natal Judge President Vuka Tshabalala, where he was guest speaker.
Judge Nicholson said he had not foreseen the profound political effects his judgment would have on the political landscape, leading to the ANC's "recalling" of President Thabo Mbeki from office.
| 'I did not foresee the consequences of the judgment' |
"No, no at all. I did not foresee the consequences of the judgment... this case is like any other I have presided over and I was just doing my job as a judge," he said.
Judge Nicholson, who is fluent in isiZulu, said the case had been a huge political awakening for him.
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He said it was "interesting" that a judge handing down a judgment that appeared to be "good" was described as a progressive judge. On the other hand, when a ruling was unfavourable "one is called an anti-revolutionary".
Asked if another judge would have made the same ruling, he said "perhaps", without elaborating. He said he acted as any other judge would have done.
Earlier, as guest speaker, he said: "Being a judge is not easy. There are always politicians trying to influence the judges. As judges we only have one master, that's the constitution and we should not respect persons at the expense of the constitution."
| 'I was just doing my job as a judge' |
In his September 12 ruling, Judge Nicholson upheld Zuma's complaint that he should have been consulted before the National Prosecuting Authority decided to resurrect corruption charges against him in connection with the arms deal.
Judge Nicholson also ruled there was reason to believe the decision to charge Zuma was politically motivated, a point that has been celebrated by the Zuma camp.
Questioned about the NPA's decision to appeal against his ruling, Judge Nicholson said this was not unusual; appeals were often expected following a judgment.
"Anyone has a right to appeal against the judgment. If one is not pleased by the judgment, the only remedy is to appeal," he said.
Judge Nicholson called on the public to respect the judiciary. "The judiciary should not fear or be intimidated by any regime," he said.
He called on people to respect and adhere to the values of the constitution, which was written with the blood of people who had died for the country.
- This article was originally published on page 1 of The Mercury on September 22, 2008
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