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September 23, 2008, 18:00

President Thabo Mbeki says Judge Chris Nicholson s ruling led to his removal from the highest office and he is duty bound to defend his reputation.

Mbeki has appealed to the Constitutional Court to seek permission to intervene in the Jacob Zuma matter. Nicholson inferred in his Zuma judgment two weeks ago that Mbeki and some of his Cabinet Ministers interfered in the prosecution of the ANC President.

Mbeki has described Nicholson s judgment, which ultimately led to his early exit from office, as unfair and unjust in papers before the Constitutional Court.

Analysts say it s the first application of its kind, where an applicant - who was not part of the initial proceedings - now wants access to the matter. Mbeki argues he must be granted access, as there is no appeal in any other court relating to the comments made about him and a former Member of the Executive.

Violation of Mbeki s constitutional rights

Mbeki also argues that the Pietermaritzburg High Court ought not to have made findings concerning him without affording him a hearing. The judgment was also a violation of his constitutional rights.

Observers say Mbeki is within his rights to defend his reputation, but warn that further political fallout was unavoidable.

The National Prosecuting Authority (NPA), which is a respondent in Mbeki s application, is still considering its next move. NPA spokesperson Tlali Tlali says: "We are considering that particular application in order to make a determination as to what stance we should take and what legal attitude to adopt with regards to this application."

It s been requested the application be dealt with as a matter of urgency. Mbeki argues his reputation has already suffered irreparable harm and fears that, if not rectified, he could suffer further damage.

http://www.sabcnews.com/south_africa/crime1justice/0,2172,177299,00.html

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