Go outside, Zuma fans told
2006-09-20 12:44
Pietermaritzburg - There were scenes of jubilation as Judge Herbert Msimang threw the corruption charges against Jacob Zuma out of the Pietermaritzburg High Court.
As Zuma fans jumped and shrieked with joy, they were brought to order by Msimang, who said: "Please go outside. That is where people can do as they please. Not inside (the court)".
Outside the court building thousands of people screamed and hung from trees as a group of chiefs broke the news.
Msimang said that after studying the documents before him: "It was inevitable that the State's evidence to prosecute in this matter would flounder."
He said the State's case had "limped from one disaster to another".
State should have investigated further
As neither the State nor the defence were able to proceed immediately, Msimang struck the case of Zuma and his co-accused Thint off the court roll.
Msimang said Zuma had been socially prejudiced and had experienced pain and suffering through the publicity the case had received.
"The problem with this type of prejudice is that it closely resembles the punishment that should only be given to a convicted person".
He said the State should have investigated further before charging Zuma and had failed to take into account the legal challenges to the search and seizure raids on premises of Zuma and his legal advisers.
To make use of those documents seized in the raids would not be a sensible move, Msimang said.
He pointed out that the prosecution's case was dependant on the outcome of the appeals against these raids.
He said the State's decision to prosecute was anchored on unsound principles and ill-advised decisions.
Clear judicial guidelines available
The State was "taking chances that the trial court would come to their rescue to admit such evidence".
During Zuma's previous appearance prosecutor Billy Downer contended that the State took chances every day.
Msimang said: "[I can't] confirm whether taking chances is what prosecutors do every day."
"There were clear judicial guidelines available to the State to inform their decisions. There was no reason for them to take chances."
At the start of proceedings he said Zuma had to be treated the same as any other person irrespective of his position in the country.
"His standing in the community will not alter his position in the eyes of the law."
The State, he said, could have furnished Zuma with all documents already in its possession, but had not done so.
The court needed to take the spirit of the Constitution into account when making the judgment.
When Msimang handed down judgment Zuma's supporters stood up and cheered, obscuring sight of Zuma.
People raced out of the court and within minutes, the only people left inside were the legal teams huddled together.
- SAPA