In the early 1990s he left the university and
took silk as a
Senior Counsel, enabling him to become a judge. He was appointed to the bench in 1995, one of the first in post-Apartheid South Africa. He was later appointed to the Labour Appeal Court, and later became senior judge on the Natal bench. In 2006 he found the government to be in
contempt of court over the provision of antiretrovirals for prisoners at Westville Prison and in mid-2008 he ruled against the
Erasmus Commission, set up by
Ebrahim Rasool to probe allegations of bribery in the
City of Cape Town, finding that the former premier had abused his provincial powers. Although this was initially denied by Mbeki, Mbeki was forced to resign on 20 September 2008.{{cite news Nicholson's ruling dismissing the charges against Zuma was unanimously overturned by the
Supreme Court of Appeal, in a ruling which was critical of Nicholson's judgement in the case, including his addition of personal opinions to the ruling, and of including "gratuitous findings" about Mbeki and others in his judgement. After Nicholson retired, he headed a committee appointed by Fikile Mbalula, South African Sport and Recreation Minister that investigated the affairs of the South Africa's national cricketing body
Cricket South Africa (CSA). The investigation was triggered by a report from
KPMG, the federation's
auditor that a
bonus of R4.5 million (about GBP 400,000 or $700,000) had been paid to CSA's chief executive Gerald Majola without the knowledge of the federation's remuneration committee. The commission found that Majola had breached the South African Companies Act at least four times and recommended that both the SCA and the
South African Revenue Service should consider taking further action. The commission also recommended a restructuring of CSA's structure.{{cite web == Books written by Nicholson ==