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Mbeki files response in court
15/10/2008 9:45

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".



Xinhua