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Zuma opposes Mbeki's constitutional court bid
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11:42, October 03, 2008

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ANC president Jacob Zuma's legal team on Thursday filed papers opposing South Africa's former president Thabo Mbeki's Constitutional Court appeal against parts of Judge Chris Nicholson's recent judgment.

The papers filed by Zuma's attorney Michael Hulley said that Mbeki's application to appeal certain parts of Nicholson's September 12 judgment were "misconceived and bad in law".

In the papers, Zuma maintains Mbeki "must have known at all material times of the allegations and issues" before Nicholson but had until after the judgment never sought to intervene in the case.

Mbeki is appealing against "certain findings" made by Nicholson in the judgment that ruled that the prosecution of Zuma on racketeering, money-laundering, corruption and fraud charges was invalid.

Mbeki is asking the Constitutional Court to order that the High Court "ought not to have made findings of and concerning" him "without having afforded him a hearing" and that these findings "constitute a violation of his rights". He wants the findings set aside.

The National Prosecuting Authority is also opposing Mbeki's application, primarily because it fears that the Constitutional Court may rule on matters that are part of its application to appeal the Pietermaritzburg High Court judgement.  


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