Shaik Given Leave to Appeal His Conviction [Cape Times, 2005-11-16]

Publication: Cape Times Issued: Date: 2005-11-16 Reporter: Jeremy Gordin Reporter: Nalisha Kalideen

Shaik Given Leave to Appeal His Conviction

Publication	Cape Times
Date	2005-11-16
Reporter	Jeremy Gordin, Nalisha Kalideen
Web Link	www.capetmes.co.za

A higher court has found that there is sufficient basis to appeal against the conviction that a generally corrupt relationship existed between Jacob Zuma and his former financial adviser Schabir Shaik.

Yesterday the Supreme Court of Appeal (SCA) handed down the order granting Shaik leave to appeal against a count of corruption that had been turned down by Judge Hilary Squires.

Judge Squires had found Shaik guilty of two counts of corruption and one of fraud earlier this year and sentenced Shaik to 15 years for each of the corruption counts and another three years on the one of fraud, ordering that the sentences run concurrently.

Shaik had appealed but Judge Squires refused Shaik leave to appeal on the main charge of corruption relating to a generally corrupt relationship with the former deputy president.

He ruled that Shaik had made payments to Zuma in return for his influence in business ventures. Judge Squires granted Shaik's company Nkobi Investments leave to appeal on this charge.

He granted Shaik limited leave to appeal against the corruption charge that alleged he arranged a bribe from French arms giant Thales (formerly known as Thomsons) for Zuma and on the charge of fraud which alleged Shaik wrote off over R1 million in payments allegedly made to Zuma from his Nkobi group of companies.

However, the SCA yesterday allowed Shaik leave to appeal against this charge of corruption *1, relating to the relationship between Shaik and Zuma. It also widened the conditions for leave to appeal against the other two charges.

Shaik will now be required to argue why he is entitled to leave to appeal *1 before the SCA. At the same time he will also argue his appeal.

One legal source said granting of leave to appeal was a positive sign. "The fact that the judges ...thought it was appropriate to extend the leave to the other two counts, and invited them to argue the application for leave in the court, is a positive sign that those judges considered that there is a reasonable prospect for the leave to appeal succeeding," he said.

Another legal source noted that the order handed down by the SCA might affect Zuma's trial in July. Zuma has been charged with corruption alongside Thint, a subsidiary of the French arms giant Thales.

"This [leave to appeal] immediately seems to question the veracity of Squires's judgment *2 ... one can draw the inference from this that Zuma was hastily dismissed *3 from the government because the due process of the law had not been followed *4," the source noted. *5

Shaik said yesterday: "Well, it clearly points to the fact that there have may be some errors of judgment. I hope that my appeal process will be successful in its entirety."

It is expected to take at least up to a year before Shaik will be able to argue his case before the SCA.

With acknowledgements to Jeremy Gordin, Nalisha Kalideen and the Cape Times.

*1 The truth is that the SCA has not granted leave to appeal in respects of these aspects. It has invited the Convicted to argue its request for an appeal before the SCA who will then decide whether or not to allow the appeal. If it grants the request (grants leave) it will then consider the appeal itself. For practical purpose to save time and money, the arguments will be heard at the same hearing, i.e. consecutively.

*2 What utter nonsense.

*3, *4 More utter nonsense.

*5 The fallacy of the unknown source.

*1, *2, *3, *4 and *5 combine to make this a good example of gutter journalism.