Former South African president Thabo Mbeki yesterday filed his responding
affidavit to papers filed by the ruling African National Congress (ANC)
president Jacob Zuma and the National Prosecuting Authority (NPA) opposing his
bid in the Constitutional Court.
Tuesday was the deadline for Mbeki's lawyers to reply to Zuma and the NPA,
who are opposing his appeal against parts of Pietermaritzburg high court judge
Chris Nicholson's ruling.
Nicholson ruled on Sept. 12 that he could not exclude the possibility of
political interference in the decision to charge Zuma with fraud and corruption.
Mbeki is appealing against "certain findings" by Nicholson in the judgment
that also found 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 these "unfair and unjust" findings set aside. But Zuma and the NPA
opposed his application.
In his responding affidavit, Mbeki, among other things, denied being aware
that the prosecution process with respect to Zuma was allegedly being used in
furtherance of a "political conspiracy or campaign".
Mbeki said Zuma had informed him "that he believes that there were external
forces, acting together with some South Africans, that were intent on ensuring
that his political career is compromised".
Mbeki said Zuma "clearly fails to understand or chooses not to appreciate the
constitutional imperatives that necessitated" the decision to release him from
his position as deputy president in 2005.
Mbeki denied Zuma's suggestion that his application was "fundamentally
flawed".