Publication: The Witness
Shaik Fails to File Concourt Notice
National Prosecuting Authority has no knowledge of Schabir Shaik’s reported
efforts to take his case to the Constitutional Court, its spokesman said
“You’ll have to check with his lawyers, we don’t know anything
about it,” said Makhosini Nkosi, responding to an unconfirmed SABC report that
Shaik’s lawyers had notified the NPA about his intention.
Reeves Parsee earlier refused to confirm or deny the report on the Durban
businessman’s bid to have his corruption and fraud convictions overturned.
By close of business yesterday, legal team did not file notification of
any legal challenge with the Constitutional Court (Concourt).
appeal was overturned on November 6 and he had 14 days from that date to file
papers with the Concourt, which ended yesterday, if he intended to challenge the
appeal there. Shaik was jailed for 15 years on charges of corruption and fraud.
His legal team made up of attorney Reeves Parsee, advocates Nirmal
Singh, SC, and Hoosen Gani are working around the clock to bring the
application, in which they will ask to be condoned for the delay. They are
expected to bring the application by December 15.
To avoid the
forfeiture of his R33,7 million in assets, a letter was directed to the National
Prosecuting Authority, the Asset Forfeiture Unit and the curator appointed by
the court to administer the assets, by Reeves advising them of the fact that
Shaik’s application to the Concourt will be brought and that the state should
not proceed to sell to sell the assets.
Once the application to the
Concourt is brought, the forfeiture order will be suspended.
still under heavy security guard at the St Augustine’s Hospital in Durban
Although hospital management was not available for comment,
reliable sources confirmed his arrival at the hospital on Friday afternoon.
According to Judge Nathan Erasmus of the Judicial Inspectorate of Prisons who
visited Shaik in prison Qalakabusha Correctional Centre in Empangeni, Shaik has
been on a “strict medication regime” for an illness that has
a five-year history. He added that medical reports and observation notes
from doctors facilitated Shaik’s initially furtive transfer from Westville
prison to the modern Qalakabusha.
“In terms of the constitution, there
is a very clear directive to government to ensure access to medical services to
all persons, including offenders,” said Correctional Service’s Manelisi Wolela.
He said that if a prison does not have the medication required by an offender,
the offender is at liberty to seek treatment elsewhere, but has to pay for
private medical treatment.
With acknowledgement to The Witness.
*1 Until and unless there is
complete transparency regarding the medical condition, including diagnosis by a
state-appointed medical specialist, this matter is highly suspicious.
has all the hallmarks of a pre-prepared tactic for avoiding the harsh realities
of incarceration in whatever way possible.