The Court held that the NDPP's failure to follow the procedure outlined in Section 179(5)(d) of the Constitution rendered the decision by the NDPP to recharge Zuma unlawful. Judge Nicholson found that there were various inferences to be drawn from the timing of the charges levelled against Zuma (such as the fact that he was charged soon after he was elected president of the ANC) which would warrant a conclusion that there had been a degree of political interference by the Executive arm of government. Judge Nicholson writes in paragraph 210 of his judgement: