Share

Water drainage caused Zuma crash - lawyer

Johannesburg - Lack of water drainage caused an accident involving President Jacob Zuma's son, Duduzane, in which a woman died, an inquest heard on Monday.

Zuma's lawyer Gary Mazaham said one would not expect to find pools of water on one of the country's "premier highways".

Zuma had not been driving negligently and should not be subjected to a criminal case, Mazaham contended.

"I respectfully submit that there's not sufficient evidence that Mr Dlamini or Mr Zuma be taken through a further case," he told the inquest in the Randburg Magistrate's Court during closing arguments.

On 1 February, Zuma's car rear-ended Jabulani Vusi Dlamini's minibus taxi on the M1 South off-ramp to Grayston Drive in Sandton.

Taxi passenger Phumzile Dube died and three others were injured. Zuma said he lost control of his Porsche after it hit a puddle in rainy conditions.

"Negligence does not attach to Mr Zuma," Mazaham submitted.

"The pool of water was unforeseen.... He took the necessary and only precautions he could take, by going to a reasonable speed for those conditions."

He submitted that prior to the accident, when the rainfall increased, Zuma lowered his speed from 120km/h to between 90 and 100km/h.

"He slowed the vehicle down to what was a smooth and comfortable ride."

He said Zuma had concentrated more on the road than on his speedometer.

Combination of elements

Mazaham argued that a combination of elements contributed to Zuma's car aquaplaning, causing him to lose control of the vehicle.

He said the drain on the road was probably blocked causing a build-up of excess water on the road; the slope of the road was shown to be inadequate according to international standards; and the heavy rainfall on the day was undisputed.

The danger had not been caused by Zuma as argued by the State, he said.

Earlier, Yusuf Baba, for the State, argued that Zuma should be held criminally liable for the accident.

Baba argued that Zuma had been negligent by not lowering his speed in wet road conditions.

"In the majority of wet weather cases, the defendant was found negligent for not reducing speed to meet weather conditions," he said.

Baba argued that Zuma had driven in the wet conditions for a while before the accident occurred, and there had not been a "sudden and unforeseeable change" in the road conditions.

In July, the National Prosecuting Authority said it declined to prosecute Zuma due to insufficient evidence. The matter was referred to a magistrate for a formal inquest to determine whether the accident was caused by human error.

Magistrate Lalita Chetty will present her findings on 11 December.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
Do you think corruption-accused National Assembly Speaker Nosiviwe Mapisa-Nqakula will survive a motion of no confidence against her?
Please select an option Oops! Something went wrong, please try again later.
Results
No, her days are numbered
42% - 397 votes
Yes, the ANC caucus will protect her
58% - 558 votes
Vote
Rand - Dollar
18.94
-0.2%
Rand - Pound
23.91
-0.1%
Rand - Euro
20.43
+0.2%
Rand - Aus dollar
12.34
+0.1%
Rand - Yen
0.13
-0.2%
Platinum
910.50
+1.5%
Palladium
1,011.50
+1.0%
Gold
2,221.35
+1.2%
Silver
24.87
+0.9%
Brent Crude
86.09
-0.2%
Top 40
68,346
+1.0%
All Share
74,536
+0.8%
Resource 10
57,251
+2.8%
Industrial 25
103,936
+0.6%
Financial 15
16,502
-0.1%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE