We are concerned about the tone of the debate around the contemplated trial of Mr Jacob Zuma. We do not wish to say anything about whether he should or should not have been charged, or the substance or lack of substance of the charges against him; those matters are beyond our knowledge.

Our comments are directed to one issue only and that is the implications that have been made that our judiciary lacks the independence and integrity to ensure that Mr Zuma will receive a fair trial.

An independent judiciary is one of the pillars of our democracy. Statements questioning the independence and integrity of our judiciary are without substance and will undermine our democracy.

An example of this, recently given prominence in the media, are comments attributed to a spokesperson from Cosatu, who is reported to have 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 and whoever is handling them to abuse its powers in this matter”.

The question of whether Mr Zuma is guilty or innocent must be decided by the courts and not by his detractors or supporters; so too, the question of whether or not he gets a fair trial is for the judiciary.

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; to 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 it will not be discharged.

Statement on the independence of the judiciary by former chief justice Arthur Chaskalson and George Bizos SC.