|Open letter to Chief Justice Pius Langa regarding Complaint regarding the conduct of Justice Nicholson in the matter of NPA versus Jacob Zuma from Bantu Holomisa, MP - UDM President (14 January 2009)|
This complaint stems from the findings of the Supreme Court of Appeal (SCA) during it's ruling on 12 January 2009 in the matter between the National Prosecuting Authority (NPA) and Mr Jacob Zuma.
This particular matter has already had major political and judicial implications. The prominence of Mr Zuma means that the matter has profound implications for our democracy. It is therefore in the public interest that any instance of perceived judicial bias in the matter of Mr Zuma should be thoroughly investigated.
In its ruling the SCA made several adverse findings regarding the manner in which Justice Nicholson in the ruling which was being appealed by the NPA had acted outside the accepted bounds of judicial procedure. The SCA identified several instances in which Justice Nicholson had relied on hearsay and documents not contained in the affidavits before the court in order to draw conclusions that were untested. These inferences were not required in order to make a ruling and had massive political implications.
We call upon the Judicial Service Commission to investigate the instances identified by the SCA where Justice Nicholson contravened judicial procedure. We further request that the JSC makes a finding on whether Justice Nicholson is fit to hold office under the circumstances.