The new public protector says she will leave the dispute over the state capture report prepared by h.
BENJAMIN Burger, the man accused of playing an offensive CD at the Sun City resort, says he is "pleased" that his case has been withdrawn in the Mogwase regional court.
"I am good, I am happy with the outcome in court today," Burger said.
The office of the North West directorate of public prosecutions said in a statement read in court that there was no evidence to prosecute Burger.
"There is no evidence that the accused is the owner of the CD or that he played the CD," said the statement. The state withdrew the case.
Burger's lawyer, Theriso Mogoatlheng, said: "The whole issue was sensationalised even before investigations could begin.
"Justice has been done. People make allegations before any investigation. My client took the bullet because he is head of the company. I am happy with the decision."
Burger, 46, was charged with crimen injuria in October after he was accused of playing a CD that was said to have offended the national anthem. It was alleged that the CD also insulted former president Nelson Mandela.
The incident took place at a staff function at Sun City.
Burger, who was out on R1500 bail, has since resigned from the Falcon security company. Falcon does security work for the resort.
Cosatu in North West was furious about the court's decision.
Spokesperson Modito Molebalwa said: "Cosatu does not accept that there is no evidence that the CD belongs to Burger and that there is no evidence that he is the one who played it."
The union called for an investigation into the matter, and for the case to be reopened.
Cosatu has demanded the cancellation of Falcon's contract at Sun City and government departments in North West.