/ 21 July 2006

Hard man on the Bench

Pietermaritzburg High Court Judge Herbert Qedusizi Msimang is seen as a leading contender to preside over the corruption trial of African National Congress deputy president Jacob Zuma.

Senior legal figures in KwaZulu-Natal said Judge Msimang, a law graduate from Louisiana’s Tulane University who began practising in Pietermaritzburg in the early 1980s, became the obvious choice for KwaZulu-Natal Judge President Vuka Tshabalala after the latter’s deputy, Judge Thabani Jali, moved to the private sector. Jali was replaced by Judge Phillip Levinson.

Judge Tshabalala refused to comment. ”Like everyone else, Zuma will have to show up for the case and see who is the judge,” he said.

The fact that Judge Msimang is an experienced black jurist is seen as a distinct advantage. After Judge Hilary Squires convicted Zuma’s financial adviser, Schabir Shaik, Zuma’s supporters made much of the fact that he was a white ex-Rhodesian.

Judge Msimang is seen as a ”stern and consistent” judge who rules without fear or favour. He recently jailed the KwaZulu-Natal government’s head of housing, Mdu Khoza, for 10 years for fraud.

However, a provincial African National Congress leader said the judge might recuse himself because of his close family connection with the ANC. Zuma’s defence could object that this disqualified him from considering a matter that was ”ultimately about the soul of the movement”.

Congress of South African Trade Unions KwaZulu-Natal secretary Zet Luzipho said he had been told Judge Msimang was not available.

The Msimang family has long-standing connections with the ANC — RW Msimang was one of three lawyers who joined Pixley ka Isaka Seme in calling for the conference that led to the movement’s formation.

Judge Msimang is related to ANC treasurer general Mendi Msimang.