Former president Thabo Mbeki never tried to intervene against allegations of political interference despite the wide publicity and opportunity to do so, ANC president Jacob Zuma claimed in papers lodged with the Constitutional Court on Thursday.

The papers filed by Zuma's attorney Michael Hulley said that Mbeki's application to have certain parts of Judge Chris Nicholson's 12 September judgment voided was "misconceived and bad in law".

Zuma maintains Mbeki "must have known at all material times of the allegations and issues" before Nicholson, but had never sought to intervene in the case until after the Nicholson judgment.

Mbeki appealing certain findings...

Mbeki is appealing against "certain findings" made by Nicholson in the judgment that ruled that 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 the findings set aside.

In his affidavit, Mbeki said Zuma appeared to have alleged that there must have been political interference in the decision to prosecute him.

However, in his papers lodged on Thursday, Hulley said that Zuma's 2005 application for a permanent stay of prosecution "contained allegations of abuse of process endangering the accused's (Zuma) fair trial rights."

He said the application dealt "with the issue of political pressures, manipulations and influence playing a role in the prosecutorial decision making as to whether to institute a prosecution or not against Mr Zuma and in the manner the prosecution was being conducted".

Striking the case from the roll

The permanent stay of prosecution was never heard as Judge Herbert Msimang struck the case from the roll after the State's application for an adjournment was not granted.

"These averments (of political interference) were given wide, and to some extent, sensational coverage in the press. The mass media published these allegations persistently and extensively.

"There is and was little doubt that the president was fully aware of these averments involving him and his conduct as part of the anti-Zuma movement which affected Mr Zuma's prosecution and the manner thereof."

Hulley said that prior to Nicholson hearing Zuma's application to have the decision to charge him declared unlawful, Zuma had invited "submissions from any potential amicus curiae (friend of the court)".

"The applicant's failure to provide the NDPP with countervailing evidence, or to join in the proceedings, was in contention, a deliberate one with knowledge that findings or reasoning which may in a general sense constitute adverse comment on Mr Mbeki or other persons in Government may result," said Hulley.

The National Prosecuting Authority is also opposing Mbeki's application, primarily because it fears that the Constitutional Court may rule on matters that are part of its application to appeal the Pietermaritzburg High Court judgment.

Sapa