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Death of KZN Judge President

Publish date: 08 April 2011
Issue Number: 2775
Diary: Legalbrief Today
Category: Corruption

Herbert Msimang (60), Judge President of the High Court of KZN who dismissed a corruption case against President Jacob Zuma in 2006, has died, says a report on the IoL site.

Justice Minister Jeff Radebe said Msimang had a sharp legal mind and had contributed much to the advancement of democracy. 'His passing on is a loss that extends to the judiciary as a whole and the entire legal fraternity. He will be remembered for his bravery and independent legal mind.' Msimang came to public attention when he threw out a corruption case against Zuma, who had recently been fired as Deputy President. Zuma had been accused of receiving bribes from a French arms company in connection with the multi billion rand arms deal. Msimang said the state's case against Zuma 'went from one disaster to another' and failed to follow proper guidelines. 'There were clear guidelines which should have informed their decision to proceed. They ignored those guidelines at their own peril,' Msimang said. Full report on the IoL site

Msimang died in the intensive care unit at Midlands Medical Centre in Pietermaritzburg where he had been receiving treatment for a heart ailment, according to a report in The Witness. He had been in and out of the ICU since early February after reportedly suffering a second stroke. Msimang was appointed to the Bench in KZN in January 2002, and was appointed Judge President of the High Court on 29 April, 2010. Msimang has been described by colleagues and former teachers as having a 'brilliant legal mind' and an impressive memory. He practised law in Pietermaritzburg for many years from about 1981 in the practice Rutsch and Msimang. The firm later amalgamated with Shepstone, Wylie & Tomlinson to become Tomlinson, Mnguni & James. Retired KZN Judge President, Vuka Tshabalala, who preceded Msimang, described him as 'brilliant and hard working'. Tshabalala said Msimang's death was a sad loss to the province. 'He introduced a number of changes into the court system, which seem to be working well.' Full report in The Witness (subscription needed)

Msimang's deputy, Judge Chiman Patel, said he had been with Msimang yesterday, notes a report in The Mercury, 'He was struggling,' he said. 'He was widely applauded when appointed JP. He was dedicated to efficient delivery of justice. He dispensed justice without fear or favour and did not brook tardiness in judges or litigants... it was his enduring legacy. He was tough in court but very committed,' Patel said. His sentiments were echoed by senior judge in the KZN division Judge Achmat Jappie. 'It is a sad day for justice. He had excellent ideas about shaking up the KZN Bench. He was a hard working man... this is a real loss.' Judge Msimang is survived by his wife and four daughters. Full report in The Mercury (subscription needed)

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