The encrypted fax allegedly linking Deputy President Jacob Zuma, businessman Schabir Shaik and French arms company Thomson-CSF to a R500 000 annual bribe may be admitted as evidence, Judge Hillary Squires ruled yesterday.

The ruling brings Shaik and Zuma a step closer to the witness stand in the Durban High Court as the defence prepares to lead its case next week.

Although Shaik’s defence team, led by advocate Francois van Zyl, has not yet indicated if Shaik will take the stand, or whether they will call the deputy president as a witness, indications are that both men could do so to counter the evidence accepted by the court.

The judge’s damning ruling may also nudge open the door for the National Prosecuting Authority to bring charges against Zuma.

While Squires said at the start of the trial that the case was against Shaik rather than Zuma, it emerged from the judge’s ruling that Zuma may be better off explaining his alleged involvement in the meetings of which the fax purports to provide a record.

“It seems unarguably to be the final step in the accomplishment of an agreement to pay Zuma the money indicated in exchange for his influence to protect and further Thomson-CSF’s interests,” the judge said yesterday.

Shaik has pleaded not guilty to two counts of corruption and one of fraud in a case that has consistently reflected the parlous state of Zuma’s financial affairs, and how Shaik bailed him out.

Tightening the corruption noose *1 for both Shaik and Zuma, Squires ruled the fax was an executive summary of the events leading to a March 11 2000 meeting between Thomson-CSF Africa director Alain Thetard, Shaik and Zuma *1. The state argued that this meeting cemented the annual bribe for Zuma in exchange for protection against investigation into arms deal irregularities.

“The evidence is then received, not on the basis of statement made by Thetard that is binding on the present accused, but as an act of one of several persons who are alleged to have acted in concert *1 in committing the crime,” Squires said.

In a victorious day for the state, Squires also allowed into evidence Thetard’s 2000 diary confirming the March meeting and two affidavits from former Renong Overseas Corporation MD David Wilson that highlight the stranglehold Shaik had over Zuma. Malaysian company Renong explored possibilities for securing government contracts for the Point redevelopment in the Durban harbour.

“Shaik indicated … it would not be in Renong’s interest if Renong proceeded with the presentation (to the Point Waterfront Company for developing the harbour area) with their current (black empowerment) partners,” Wilson said in an affidavit.

With acknowledgement to Nicola Jenvey and the Business Day.

*1 It might not be unreasonable to conclude that The Two Donateers have been hoisted by their own Thetard.