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 Top judges dismiss Mbeki
    Karyn Maughan
    November 12 2008 at 06:56AM
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South Africa's highest court has dismissed ex-president Thabo Mbeki's urgent attempt to clear his name.

Eight Constitutional Court judges have ordered that it would "not be in the interests of justice" to hear Mbeki's challenge to the Pietermaritzburg High Court ruling that he claims cost him his job.

Mbeki wanted the Constitutional Court to order that Judge Chris Nicholson's inferences about him, made during the ruling that quashed ANC president Jacob Zuma's corruption prosecution, were invalid and should be set aside.

In papers filed at the Constitutional Court and served on Zuma and acting prosecuting head Mokotedi Mpshe, Mbeki stated: "It is unfair and unjust for me to be judged and condemned on the basis of the findings in the Zuma matter. The interests of justice would demand the matter be rectified."
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But, pointing out that the National Prosecuting Authority was itself appealing against Judge Nicholson's ruling in the Supreme Court of Appeal on November 28, Constitutional Court Deputy Judge President Dikgang Moseneke and seven other judges on Tuesday dismissed the former president's appeal application.

They were unmoved by Mbeki's recent request that his application be postponed until the NPA's appeal against Judge Nicholson's ruling was finalised, a request that Zuma countered with an appeal that the case be struck from the court's roll.

But they left the door open by saying it was not in the interests of justice for them to hear his case "at this stage".

Despite both Zuma and the NPA opposing Mbeki's application, the Constitutional Court judges declined to order Mbeki - whose bills are being footed by taxpayers - to pay the state and Zuma's legal costs.

Speaking to The Star on Tuesday night, Mbeki's spokesperson Mukoni Ratshitanga claimed ignorance of the Constitutional Court's order.


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