Concourt to rule tomorrow on last bid for freedom

It was the trial that changed SA's political history … and its final chapters will be decided tomorrow.

Nearly three years after Jacob Zuma's former financial adviser, Schabir Shaik, went on trial in the Durban High Court, the Constitutional Court will tomorrow rule on his last-ditch bid to appeal against his fraud and corruption convictions and 15-year prison sentence.

More than two years ago, Judge Hillary Squires convicted Shaik of soliciting a R500 000 bribe from French arms company Thint in exchange for Zuma's protection against an arms deal enquiry.

Within days, President Thabo Mbeki sacked his deputy, a step that sparked the bitter feud still boiling today.

Zuma was charged in June 2005 and while the case was struck off the roll in September 2006, the charges have made it very difficult for Zuma to assume leadership of the ANC.

In fact, he alleges that they were deliberately "engineered" to thwart his political ambitions.

Now, with the battle for the ANC leadership only weeks away, the court's ruling will have a major impact on if and how the National Prosecuting Authority, still reeling after the surprise suspension of its head Vusi Pikoli, will proceed against Zuma.

While Pikoli claimed to have taken the decision to charge Zuma after Shaik's conviction, Zuma suggested that the NPA boss had done so at Mbeki's behest.

Pikoli vehemently denied these claims and the state has subsequently asked the Pretoria High Court and Supreme Court of Appeal to "punish" Zuma for his "scandalous" conspiracy claims.

Within hours of Pikoli's suspension last week, the Zuma camp was already questioning whether Pikoli's reluctance to charge Zuma before finalising several court cases related to the state's investigation against him was behind it.

In his leave to appeal application in May this year, Shaik also took issue with the state for failing to charge Zuma with him, claiming this infringed his fair trial rights.

Admitting that Shaik had lied repeatedly during his evidence, his counsel, Martin Brassey SC, contended that Zuma could have shed some light on this dishonesty if the two men had shared the dock.

"Can you imagine a man of such stature testifying from the witness box in an open and frank manner, which would have dispelled the unfortunate impression my client might have made, brought on because he is bombastic," he said.

Brassey also said the state had unfairly used Shaik as a "dry run" in preparation for its aborted Zuma prosecution.

"If anyone believes that my client was the ultimate fish that was sought to be landed, they obviously haven't been reading the newspapers," he said.

The state dismissed these claims, arguing that its decision not to prosecute Zuma had been "perfectly legitimate".

Speaking to The Star today, Shaik's brother Mo expressed surprise at the news that the court would rule tomorrow, saying no one had informed his family of this.

"But we knew this was coming and we are cautiously optimistic," he said. "I will be arranging to take a flight to Durban later today to meet with my family tonight so that we can discuss possible scenarios and options. Ultimately, we are fighting for my brother's release."

Mo Shaik said Schabir was fervently observing Ramadaan with prayers and fasting.

"Hopefully his prayers will be answered tomorrow," he said.

While reluctant to provide any details on his brother's health which controversially saw him transferred to a KwaZulu Natal hospital earlier this year Mo Shaik confirmed that Schabir was still in the hospital section of the Durban Westville Prison.

When asked how he was preparing for tomorrow, Mo Shaik replied, "You tell me. How do you prepare for something like this?"

With acknowledgements to Karyn Maughan and The Star.