State 'took chances'

2006-09-20 11:37

Pietermaritzburg - Judge Herbert Msimang, who presided over former deputy president Jacob Zuma's corruption case, said on Wednesday that the State's case "limped from one disaster to another" and it should have investigated further before charging him.

Zuma's corruption case was struck off the roll by the Pietermaritzburg High Court on Wednesday.

Delivering judgment Msimang 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 thousands of people gathered outside the court in support of the ANC deputy leader erupted into cheering and shouting when a large group of chiefs wearing traditional clothing ran outside waving their sticks in the air to break the news.

Msimang said he needed to take the "spirit of the Constitution" into account when making a judgment.

He pointed out that the prosecution's case depended on the outcome of appeals against controversial search and seizure raids, when documents were seized from Zuma's lawyers and from Zuma.

Msimang said Zuma had suffered social prejudice which "closely resembles punishment that should only be handed to a convicted person".

He said the state's decision to prosecute was "anchored" on unsound principles.

The State's case "limped from one disaster to another" and it should have investigated further before charging Zuma.

He accused the state of failing to take into account the legal challenges to the search and seizure raids.

The state was "taking chances that the trial court would come to their rescue to admit such evidence".

Msimang said the state did not "need to take chances".

- SAPA