Publication: The Star
Issued:
Date: 2007-10-04
Reporter:
Reporter:
The rejection of Schabir Shaik's appeal against his conviction and
15-year prison sentence by the Constitutional Court means he has exhausted the
legal remedies open to him against what he considered to be a flawed judgment in
the Durban High Court in June 2005.
The reverse side of that conclusion is that his conviction and sentence are fair
and appropriate, not merely according to the presiding judge in the high court,
Hilary Squires, but, significantly, according to five judges of the Supreme
Court of Appeal and 10 judges of the Constitutional Court.
The situation is succinctly reflected in The Star's headline yesterday on the
decision of the Constitutional Court: "16 judges, 3 trials, 1 verdict for Shaik."
Put differently the requirements of the law have been fully met and the rule of
law - on which South Africa's status as a constitutional democracy depends - has
been upheld.
Schabir Shaik and his family are obviously bitterly disappointed.
They would be wise, however, to reconcile themselves to
the situation. *1
For Schabir Shaik there is the consolation that South Africa's penal
system provides generous opportunities for parole long before the completion of
the full sentence for model prisoners. He should strive to achieve that status
for himself. His family should seek to encourage him to do so. Schabir Shaik
should not brood on his belief that he has been unfairly treated. Instead he
should take heart from the case of former ANC stalwart, Allan Boesak, who, after
being conviction of theft, not only qualified for early release but, a couple of
years later, for a presidential pardon, which, legally speaking, expunged his
conviction from the official records.
Shaik's trial has political salience as well as judicial importance. It
clears the way for the national prosecuting authority to
proceed with its apparent intention to serve a new and revised indictment on *2
ANC deputy president, Jacob Zuma, for corruption and fraud. While the state will
have to prove its accusations against Zuma beyond reasonable doubt - which may
prove to a tough assignment - the scene has been set for a grand finale to the
trial of Shaik.With acknowledgements to The Star.
*1 They would be wise to make a deal
to help themselves out of the situation.
Help nail some international habitual criminal companies and serve only 3 years
in the infirmary instead of 10 years in the slammer.
*2 It clears the way for the national prosecuting authority
to proceed with its apparent intention to serve a new and revised indictment on
Thint (Pty) Ltd and Thint Holding Southern Africa (Pty) Ltd for corruption.
A Grand
*4 final finale indeed.
And at the same time get those upstart Lesotho jurisprudents back in their place
*3.
*3 Apologies to Advocate Guido Penzhorn SC inter alia ('tis
only a nudge).
*4 Font is
French Script MT
(which was thought to be appropriate under the circumstances).