Publication: News24 Issued: Date: 2003-12-02 Reporter: Sapa

Shaik Must Talk About Zuma

 

Publication 

News24

Date 2003-12-02

Reporter

Sapa

Web Link

www.news24.com

 

Johannsburg - The Constitutional Court has rejected businessman Schabir Shaik's application to strike down parts of the National Prosecuting Authority Act that he believed violated his right to silence.

Justice Laurie Ackermann concluded it was "not in the interest of justice" to rule in Shaik's favour.

Shaik's application was dismissed with costs.

The High Court found earlier this year that Shaik, who was deputy president Jacob Zuma's confidante and financial adviser, could have to answer the Scorpions' questions in terms of Section 28 of the National Prosecuting Authority Act.

The section allows an investigating director to summon for questioning anyone who was believed to have information about an investigation.

The ruling would have forced Shaik to answer questions on allegations of bribery against deputy president Jacob Zuma.

Shaik had objected to being questioned as he said the section contradicted a suspect's right to remain silent.

At the time Shaik was being investigated for allegations of corruption in the government's arms deal.

Although he had not been charged with any offence, he was a suspect in the investigation.

The Durban High Court had held the section was crucial in the fight against organised crime and corruption and if the right to silence were extended to suspects, the object of the act would be defeated.

With acknowledgements to Sapa and News24.