What leave to appeal in Zuma case means

The media are confirming that the National Prosecuting Authority has been granted leave to appeal against the judgment handed down by Judge Chris Nicholson last month in the matter against ANC president Jacob Zuma. Judge Nicholson, based upon the application before him, held the view that another court – the court where the appeal will be heard – might come to another conclusion and granted the leave.

After the initial judgment I set out the different options available to the NPA in order to alleviate some of the nonsense that was forthcoming in the media:

thoughtleader.co.za/traps/2008/09/17/npa-decision-on-zuma-is-right/

What will now transpire is the following:

The record will be sent up to the court of appeal. Thereafter the Registrar of the Court will allocate a date for hearing the appeal as well as the date by which counsel from both sides are required to file ‘heads of argument’ (why they submit their viewpoint is correct).

At the hearing, if the appeal is upheld, the NPA can then call for the trial date they were asking for prior to the charges being withdrawn as a result of Nicholson’s judgment. The loser should, subject to the seniority of the court, still however be able to appeal to an even higher court on this technicality (for that is what Nicholson’s judgment dealt with; the merits of the case were never an issue). That would be taken to the highest court in the land IF leave from the appeal court can be obtained. If it can’t the loser may well land up petitioning the Minister for such leave.

If no appeal from the court of appeal is sought we are looking at a trial date, on the merits, a couple of years from now subject to no interim legislation, plea bargain or political solution having been found.

What will be interesting to see is how the application before the Constitutional Court by former president Thabo Mbeki, which is being opposed by Zuma, to overturn certain parts of the same judgment, will be dealt with by that court. As both the court dealing with the NPA’s appeal and the Constitutional Court in the case of the Mbeki application will be dealing with one judgment it will be interesting to see how the courts untangle that element.

As I have stated repeatedly (in order that the criminal justice system stops picking up flak based on the nonsense people are reading) the Zuma case is going down recognised legal procedures. Nicholson’s judgment dealt with a technicality, which is now going to be debated in terms of an appeal.

If the Zuma case itself is not dealt with in terms of legislation, plea bargain or a political solution, then it will go to trial.