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Cosatu may be Zuma's court friend

5th September 2008

By: Sapa

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Cosatu is considering joining a court application to stop the
prosecution of ANC president Jacob Zuma, saying a proposal to hold his
trial on the eve of the 2009 elections is a political manoeuvre to
discredit him.

"The latest proposal -- to having the trial in April 2009, eight
years after they started their investigation, and on the eve of the
elections -- smacks even more strongly of a political manoeuvre to
discredit (the) ANC President with allegations of corruption, just when
he is leading the ANC into its election campaign," said Congress of SA
Trade Unions general secretary Zwelinzima Vavi on Thursday.

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Briefing the media after its central executive committee meeting
earlier this week, Vavi said: "Cosatu, together with other civil
society organisations, may apply to be amicus [curiae] (friend of the
court) on 27, 28 November, to give evidence in support of Jacob Zuma's
case that he will not be able to receive a fair trial."


Vavi said Cosatu would consult other bodies to drum up support for
this. The ANC, the SA Communist Party, the ANC Youth League, the SA
Council of Churches and Business Unity SA would be among the
organisations to be approached.

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"We would like to get everybody to join in and apply," he said.
If accepted as a friend of the court, parties interested in a case
can make submissions to help bring further details or a deeper
understanding of a case to help the presiding officer contemplate a
judgment.


On September 12, Judge Chris Nicholson will deliver judgment on
whether the State acted lawfully by proceeding with the trial against
Zuma, without consulting him before deciding to recharge him.


Zuma's legal team intends also asking the court for a permanent stay
of prosecution on the November date.


Vavi said the trade union federation did not want to create the
impression it was above the law, but did not believe Zuma would get a
fair trial.


This was given events over the last few years which have included
the case being struck off the roll and Zuma losing his job as deputy
president of the country.


"This we say not as an expression of lack of confidence in the
judiciary but in defence of the rights of the individual that we
believe have been undermined."


He added: "Honestly, we don't share the view that there is a threat
to the judiciary. We do acknowledge though that there is a huge
disagreement in our society about whether Jacob Zuma as president of
the ANC has been treated fairly, or unfairly. "We believe he has not been treated fairly, for 14 reasons."


Cosatu's support for Zuma has led to its previous president Willie
Madisha being sacked for not articulating this in public ahead of last
year's ANC elective conference.


Cosatu's position is that the 16 charges which include fraud,
corruption and racketeering that Zuma faces should be dropped.


Two companies of French arms manufacturer Thint face four similar
charges each for allegedly paying Zuma bribes to ensure later
protection into arms deal enquiries.


Cosatu deputy general secretary Bheki Ntshalintshali said the
intention of a possible friends of the court application is to "show
how the [National Prosecuting Authority] has used their office to wage
a vendetta against a number of people", and to show what they believe
to be "underhand activities".


In addition, the union federation is discussing how best to approach
fears of a backlash by workers if Zuma were to be sent to prison.
The union body would "channel the anger" of its members by
organising marches to prevent potential chaotic protests if Zuma is
jailed "for 14 years or so", said Vavi.


"As responsible leaders we have got to say 'what is it we can do?',
not to plunge our country into a crisis of some kind without putting
the judiciary under threat," said Vavi.


The potential economic impact of Zuma's fate also weighed heavily on
Cosatu's mind, he said.


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