The Congress of South African Trade Unions welcomes and applauds the judgement by Justice Chris Nicholson in the Pietermaritzburg High Court that the prosecution of ANC President Jacob Zuma was unlawful, on the grounds that the NPA should have given him the chance to make representations before deciding to prosecute him.

The judge's ruling as a whole completely vindicates the stance that COSATU and its allies have been taking - that his prosecution has been politically manipulated and should be abandoned.

We agree in particular with Judge Nicholson's description of the decision in 2003 by the then National Director of Public Prosecutions, Bulelani Ngcuka, not to prosecute Zuma despite the presence of a prima facie case against him, as ‘bizarre', given that a decision had been made to prosecute Schabir Shaik and his corporate entities.

COSATU concurs that this was a total negation of the constitutional imperatives imposed on the National Directorate of Public Prosecutions to prosecute without fear and favour independently and in consistent, honest and fair fashion.

COSATU's historic position determined by its National Congress has been that justice will be not served by pursuing the ANC President in Court, and it is not in the interests of South Africa.

Contrary to media reports, the federation has never sought to undermine the independence of the judiciary or believe the ANC President is above the law. Judge Nicholson's judgement clearly supports the view that if there has been any attack on the independence of the judiciary it has not come from the supporters of Jacob Zuma but from those he accuses of manipulating judicial structures for political ends

We are expressing the strong views of our members and what we believe the majority in our society, that he has been treated unfairly and is the victim of machinations to stop him initially from being President of the ANC and now from being the President of South Africa.

While today's judgement does not rule on Jacob Zuma's guilt or innocence, and technically, once this mistake has been rectified, the NPA is free to charge him again, today's judgement has undermined the whole basis of the NPA's case, and gone a long way to vindicate COSATU's demand view for the permanent dropping of all the charges against the ANC President.

Statement issued by Patrick Craven, COSATU National Spokesperson, September 12 2008