The Congress of South African Trade Unions has noted the decision of the National Prosecuting Authority (NPA) to apply for leave to appeal against Judge Chris Nicholson's judgement in the Pietermaritzburg High Court of 12 September 2008, on the grounds that his interpretation of the Constitution and the NPA Act regarding the obligation to solicit representations before recharging was incorrect.

While the NPA has the legal and constitutional right to appeal, COSATU sees no basis for an appeal and views this decision as a desperate attempt to drag out for many more months the already excessively long legal proceedings against Jacob Zuma, and to try to save the faces of themselves and government leaders who quite correctly came in for serious criticism from the judge for political interference in legal processes.

The NPA's decision is yet more evidence that, as Judge Nicholson noted, it is they, and not the ANC President, who are primarily responsible for the long time that this case has dragged on.

The COSATU Central Executive Committee will be meeting on 22-23 September 2008 to discuss, among other things, the implications of Judge Nicholson's ruling and the way forward in the campaign to have all the charges against the ANC President permanently withdrawn.

Statement issued by COSATU September 17 2008