The Supreme Court of Appeals (SCA) has set down the NPA’s appeal against the decision of Judge Chris Nicholson, in the Pietermaritzburg High Court, which led to the charges against ANC president Jacob Zuma being withdrawn, for hearing on November 28 2008. The parties have to file their heads of argument prior to November 25.
Needless to say this is substantially sooner than most of us expected and could well mean that the trial date and the elections could clash to a greater or lesser degree.
In the event that the appeal is upheld and there is no basis for an appeal against the decision of the SCA, the NPA would be right back where they were when Nicholson gave his judgment ie calling upon the Zuma camp for a trial date some time next year. If there are grounds for further appeal this would take the matter towards the end of 2009/ beginning of 2010 provided that leave is obtained.
Should the appeal be dismissed the NPA will, in all likelihood, bring the same or similar charges and afford Zuma the opportunity of making representations, which would cure the procedural defect which occasioned Nicholson’s judgment and thereafter a trial date set for the middle to end of 2009.
Unlikely as it seemed a few short weeks ago, the trial may well still play a part in next year’s elections.
This may also be factored in by the ANC when making a decision on the timing of the election.
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