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'Court must decide Zuma's fate'
05/01/2008 14:46 - (SA)
Johannesburg - ANC President Jacob Zuma's innocence or guilt should be decided by the courts and not through rhetorical statements from his detractors or supporters, retired chief justice Arthur Chaskalson and one of SA's top lawyers, George Bizos said on Saturday.
In an unusual step in the legal world, they issued a signed statement to Sapa news agency saying: "We are concerned at the tone of the debate around the contemplated trial of Mr Jacob Zuma."
Chaskalson and Bizos emphasised they did not want to say anything about whether Zuma should have been charged, or the substance or lack of substance of the charges against him... "those are matters beyond our knowledge".
They were concerned with only one issue, "and that is the implication from some of the statements that have been made that our judiciary as a whole lacks the independence and integrity to ensure that Mr Zuma will receive a fair trial".
This was harmful to the judicial process, South Africa's constitutional democracy and the country's reputation.
Chaskalson and Bizos appealed to all political leaders and their supporters, opinion makers, commentators and the media to let the courts decide on these issues.
'Objective' judiciary
"We are confident they will do so without fair or favour."
The pair said an example of where the integrity of the judiciary was called into question was when a Congress of SA Trade Unions (Cosatu) spokesperson reportedly said: "It does not matter who the judge is, we do not believe the judiciary will be able to be objective.
"The trial against Zuma is a politically motivated exercise... and he has been subjected to trial by public opinion for the past seven years. We have been convinced for some time that he will not get a fair trial... workers will not allow the NPA (National Prosecuting Authority) and whoever is handling them to abuse its power in this matter."
Bizos and Chaskalson said: "Guilt or innocence cannot be established by rhetorical statements. The question whether Mr Zuma is guilty or innocent must be decided by the courts and not by his detractors or his supporters. So too, the question whether or not he gets a fair trial is a matter for the judiciary.
'Let courts decide'
"Putting pressure on the courts by making serious allegations of partiality, uttering threats of massive demonstrations, and expressing opinions in intemperate language are harmful to the judicial process, to our constitutional democracy, and to our country's reputation.
"We appeal to all political leaders and their supporters, opinion makers, commentators and the media, to let the courts decide on these issues.
"We are confident that they will do so without fear or favour. That is their constitutional duty and there is no reason to believe that it will not be discharged."
- SAPA
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