Johannesburg - A South African appeal court on Monday opened the way for a case of corruption against Jacob Zuma, but the ruling African National Congress (ANC) said the controversial veteran politician would remain the party's choice for the 2009 presidential race. The Supreme Court of Appeal in Bloemfontein, the second highest court, upheld an application by the National Prosecuting Authority (NPA) to have a High Court in September that prevented prosecutors from pursuing a case on the grounds of political interference set aside.
"The effect of the judgement on appeal is that the prosecution may proceed," prosecutors seeking to try Zuma on 18 main counts of racketeering, corruption, money laundering, tax evasion and fraud, said in a statement.
The appeal court, in overturning High Court Judge Chris Nicholson's ruling, criticized him over his "erroneous" and "unwarranted" finding of political meddling - in which former president Thabo Mbeki was singled out - in the initial corruption case brought against Zuma.
"Political meddling was not an issue that had to be determined. Nevertheless a substantial part of his judgement dealt with this question. He changed the rules of the game. He took his eye off the ball," Supreme Court of Appeal acting deputy judge president Louis Harms said on Monday.
The allegations against the popular politician have had serious political consequences for the country. The High Court ruling cost Mbeki his job, leaving the country in the hands of a caretaker president and the ANC divided.
Mbeki was ousted as president following the High Court ruling, the former liberation party that replaced the apartheid-era regime in government. Since his departure, numerous ANC politicians have defected to a new breakaway party formed by politicians from the so- called Mbeki camp.
Zuma, who was ousted as Mbeki's deputy over allegations of corruption in 2005, is the top ANC candidate for president in the elections scheduled for late March or early April. In denying wrongdoing, Zuma initially alleged there was a political conspiracy against him and later threatened to "tell all" if charges were brought against him.
The ANC, responding to Monday's ruling, said Zuma remained its choice as president.
Zuma is emerged the front-runner for the presidency despite having been dogged by allegations of corruption related to the country's post-apartheid arms acquisition deal. In 2003, prosecutors indicated they had prima facie case of corruption against Zuma.
He also made headlines in a highly-publicized rape case in which he was eventually acquitted.
"It is important to note that this judgement has nothing to do with the guilt or otherwise of the ANC president. Nor does it make any pronouncements on the merits of the charges previously brought by the NPA," the ANC said in statement.
