Publication: Business Day Date: 2005-11-16 Reporter: Ernest Mabuza Reporter:

Shaik Wins Bid to Appeal Ruling on Zuma Link

 

Publication 

Business Day
Date

2005-11-16

Reporter

 Ernest Mabuza

Web Link

www.bday.co.za

 

The Supreme Court of Appeal has granted Durban businessman Schabir Shaik the right to appeal against all three convictions of corruption and fraud that led to a 15-year prison sentence by the Durban High Court.

This gives Shaik (pictured right) the opportunity to contest all aspects of his Durban trial.

He will now be able to appeal the high court ruling that found that there was a “generally corrupt relationship” between himself and former deputy president Jacob Zuma.

Zuma is also facing corruption charges relating to his dealings with Shaik.

If Shaik wins his appeal this could have a major bearing on the Zuma trial, said Prof David Unterhalter, head of Wits University’s law school.

In July, Durban High Court Judge Hillary Squires denied Shaik leave to appeal against the first conviction that he had made a series of payments of more than R1,2m to Zuma in return for his political influence.

But Squires gave him leave to appeal against a second conviction relating to the admissibility of an encrypted fax as evidence.

The fax detailed a meeting at which Shaik allegedly negotiated a R500000-a-year bribe for Zuma. The bribe, from French arms company Thomson-CSF, was to be for Zuma’s protection in a probe into the country’s multibillion-rand arms deal.

Squires also granted Shaik leave to appeal against the fraud conviction relating to the irregular write-off of loans, some of which had been made to Zuma.

Squires had also ruled that he could not find compelling circumstances justifying a penalty other than the mandatory 15 years in jail.

Appeal Court Judges Louis Harms and Douglas Scott granted Shaik leave to appeal against the conviction on the first charge of corruption and the sentence and referred the matter for oral argument.

The judges also allowed Shaik to appeal the other corruption conviction using a wider range of arguments than the high court initially allowed.

Squires sentenced Shaik, Zuma’s former financial adviser, to 15 years’ imprisonment on each of the two corruption charges and another three years on the fraud charge. Shaik is out on R100 000 bail while he appeals the sentence. With Sapa

With acknowledgements to Ernest Mabuza and Business Day.