The Nicholson judgement : an exercise in law and politics
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Date
Authors
Klaaren, Jonathan
Roux, Theunis
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Abstract
The Nicholson judgment was clearly a precipitating factor in the resignation of former South African President Thabo Mbeki in 2008. Engaging with the judgment in
its own terms, this note first puts forward a best legal interpretation of the judgment,
covering the doctrines of prosecutorial independence and legitimate expectations.
It then identifies the degree to which the comment in the judgment may be termed politically activist. In the authors’ view, Nicholson tackled political issues
in his judgment that he need not have: in particular, allegations of executive interference in the independence of the prosecutions authority. Assuming that Nicholson J’s text may be read as an attempt to bolster the legitimacy of the judiciary, the note explores whether it succeeds on those terms and concludes that the judgment is ultimately an example of failed dramatic art.
Description
Keywords
Nicholson judgement, Law and politics
Sustainable Development Goals
Citation
Klaaren, J & Roux, T 2010, 'The Nicholson judgement : an exercise in law and politics', Journal of African Law, vol. 54, no. 1, pp. 143-155. [http://journals.cambridge.org/action/displayJournal?jid=JAL]