In the Dock: ‘Not Guilty’ – Court pronounces on Duduzane Zuma culpable homicide charge By Bheki C. Simelane colibheki
In delivering his judgment, Magistrate Tebogo Thupaatlase pointed out that the court’s duty was to establish whether Duduzane had driven negligently. Thupaatlase said it is common cause that it was raining on the night of the incident.
In making its determination, the court acknowledged the wet road conditions and that in such conditions the driver must proceed with caution. The court said the question of critical importance was what steps a reasonable driver would have taken in the prevailing conditions. Dube’s family were present in court. The family has been travelling between South Africa and Zimbabwe during the cause of the trial as Dube was originally from that country.
The court said the state had failed to prove its case beyond reasonable doubt, and found Duduzane not guilty of culpable homicide and negligent driving.The analysis of Mr Zuma’s evidence reveals that he was consistent in both his plea and his testimony under cross-examination.”legal representative Michael Hellens argued that his client could not have foreseen that he would encounter a puddle of water in the middle of a freeway.
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