Barack Obama blitzed the crucial swing state of Florida with onetime foe Hillary Clinton.
Judge Nicholson's ruling
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Wed, 22 Oct 2008 13:33
Here follows verbatim Judge Chris Nicholson's ruling on Wednesday:
" (The National Director of Prosecutions has made) ... an
application for leave to appeal against the whole of the judgment and
orders that I made in this matter on the 12th of September 2008 save
those relating to the amicus curiae (friends of the court) by the
Society for the Protection of the Constitution.
The application mentions 16 grounds for appeal. The test for an
application such as this is whether there are reasonable prospects of
success on appeal.
The main application involved complex questions of fact and law and
was of great public importance.
The primary question of whether the matter was of a civil or
criminal nature was raised over in the sense that it had never been
considered before and occasioned me much anxious deliberation.
In addition, the legal question as to whether the provisions of
section 179(5)(d) of the constitution and the
corresponding provisions
in the National Prosecuting Authority Act were applicable to the
applicant in the main application was a very complex issue which had
never been considered before by the courts.
On those questions I have no difficulty in granting leave on the
basis that I believe there are reasonable prospects of success of
appeal.
Apart from the above matters I was also minded to decide the factual
question as to whether the applicant had a legitimate expectation that
he could make representations to the National Director.
I decided this issue in case I was wrong on the difficult legal
questions I had mentioned and because of the public importance of the
whole matter. Although this is a borderline issue as to its prospect of
success, I am inclined to grant leave on that ground as well.
I also made orders on the two applications to strike out allegations
of political interference in the papers.
Detailed reasons have been
given, both in the notice of appeal and
the heads of argument, why the court erred in making such findings.
In addition full oral argument was not addressed on these particular
applications at the hearing on the 4th and 5th of August.
I believe there are reasonable prospects on appeal on these issues
and I am inclined to grant leave in that regard as well.
I therefore grant the following order: Leave is granted to the
National Director of Public Prosecutions to appeal to the Supreme Court
of Appeal against the judgment and orders I made on the 12th of
September 2008 on the 16 grounds enumerated in the notice of appeal.
Secondly, I order that the costs of this application will be costs
in the appeal."