The Durban High Court has granted businessman Schabir Shaik leave to appeal against a ruling that would force him to answer questions on allegations of bribery against Deputy President Jacob Zuma.

The court's decision opens up a number of scenarios for the future of the investigation into allegations against Zuma, including the possibility that if charges are laid at all, they will only be laid after the 2004 election.

However, the decision does not affect the questioning process that Zuma has undertaken to complete this week.

Durban High Court Judge Ron McLaren found earlier this year that Shaik could be required to answer questions posed by the Scorpions in terms of Section 28 of the National Prosecuting Authority Act.

Shaik originally objected to the questioning process, arguing that the section contradicted a suspect's right to remain silent.

McLaren found that while in general the right to remain silent was a constitutionally protected right, it could in certain circumstances be outweighed by other considerations.

McLaren found that suspects did in general have the right to remain silent and that Section 28 did indeed conflict with the constitution. But he said in view of the "insidious nature of corruption", it was understandable that extraordinary procedures and powers were necessary to eradicate it.

The act allows the Scorpions to insist on cross-questioning witnesses on condition the information supplied is not used in a subsequent trial.

Shaik's lawyer Reeves Parsee was instructed to appeal against this decision, and yesterday McLaren ordered that the appeal should be allowed to proceed.

Parsee said the procedure now would be to apply directly to the Constitutional Court, which would decide whether it would consider the issue. This must be done within 10 days.

If the Constitutional Court decides to hear the case, the court would provide guidance on how urgent it considered the case, depending on the nature of the case and the court's workload.

If the Constitutional Court decides against hearing the case, it would then be referred to the Supreme Court. Parsee said this could take about two years.

However, nothing stops the Scorpions from bringing charges immediately, but if it does so soon, it will have to abandon the Section 28 questioning process.

Scorpions spokesman Sipho Ngwema said yesterday the organisation had no comment on the decision of the court.

The Scorpions have also posed a set of questions to Zuma, but these questions do not form part of a Section 28 questioning process, and hence, not affected by the court's decision.

Shaik is a key party in two separate Scorpions investigations. These involve allegations that Zuma solicited a bribe in connection with government's R40bn arms procurement exercise and that a series of payments was made to former transport minister Mac Maharaj before and after he stood down from office.

Shaik told Sapa that he doubted his actions would slow down the Scorpions investigation into allegations that Zuma solicited a R500 000 bribe from a company involved in the arms deal.

"One must not give up one's legal rights to assist an investigation. Every South African must ensure their rights are upheld."

With acknowledgements to Tim Cohen and the Business Day.