Closing arguments for Zuma inquest
RANDBURG – The closing arguments were heard at the Duduzane Zuma inquest and final judgment will be handed down on 11 Decemeber.
The final closing arguments were heard from evidence leader Yusuf Baba and Duduzane Zuma defence attorney Gary Mazaham on
24 November at Randburg Magistrates’ Court.
Zumas’ Silver Porche rear-ended Jabulani Dlamini’s minibus taxi in the rain on the M1 South off-ramp to Grayston Drive, Sandton, in February.
Baba appealed to dismiss the evidence given by the Sanral reports of 1 February. It claimed the minibus taxi did not pass under the Tarentaal
gantry. It was conceded that Dlamini did pass under this gantry therefore the report was extracted from court evidence.
Due to accident reconstruction expert Johannes Strydoms’ education in North America, Baba found it prudent to use case law associated in North America, particularly in the case of hydroplaning.
The Doctrine of Sudden Emergency is applied when a driver is to act in his best way to avoid danger with reasonable care and skill. Baba argued that minibus taxi driver Jabulani Dlamini was placed in this concept. Therefore, he argued, Dlamini was not responsible for the death of Phumzile Dube.
He then suggested a conviction of culpable homicide due to criminal negligence should be handed down which needs only one percent of negligence to get a conviction.
Gary Mazaham, defence for Zuma, then gave his closing arguments. He defended the credibility of testimony given by expert witness Strydom.
The crucial part of the defence is when the rain did become heavy, Zuma reduced his speed by 25 per cent from 120 km to about 100 to 90 km.
Mazaham argued, “Why did no other vehicles on the road aquaplane? It was completely unforeseeable circumstances.”
Mazaham continued,”Negligence does not apply to Mr Zuma, the pool of water was not foreseen… It is critical that all authorities show that all aquaplaning could happen at about 70 km.” He conceded that at no point was there a suggested speed for one to travel in wet weather on the highway [with no traffic in front of them].
Yusuf Baba then retorted with, “I may be so bold as to say that the argument out forward is improbable. I further argue that there is enough evidence in its totality to hand down a conviction of culpable homicide.”
Final judgment will be handed down on 11 December at the Randburg Magistrates’ Court.
