Publication: Cape Argus Issued: Date: 2004-11-17 Reporter: Estelle Ellis

Heaven Help SA - Shaik Bookkeeper

 

Publication 

Cape Argus

Date 2004-11-17

Reporter

Estelle Ellis

Web Link

www.capeargus.co.za

 

"Heaven help South Africa *1 when you formally return to politics," a former bookkeeper for Durban businessman Schabir Shaik wrote to him when she resigned.

In her two-page letter given to Shaik in December 1999, Celia Bester said she had been devastated when she found out that Shaik and auditor Paul Gering had written off enormous amounts in the books of the Nkobi group of companies.

Payments, which Bester described as "bribe money" paid to "a lot of ministers" in cash, simply disappeared from the company's books, she testified.

Bester was giving evidence in Shaik's trial on charges of fraud and corruption trial.

In her letter of resignation, she said: "If you as the financial adviser to (Deputy President Jacob Zuma) are not transparent, heaven help South Africa when you formally return to politics."

"I saw it purely as bribe money," she told Judge Hilary Squires yesterday. "A lot of ministers received money that was just written off. It was always cash cheques."

She added that Shaik hardly drew a salary and never paid any tax, but just took the money he needed from the company loan account.

She also said Zuma was not paying tax either on the payments made to or on his behalf by Shaik.

In her letter of resignation she further stated: "The funds being paid to the ministers should be taxed in their hands as well as your (referring to Shaik's) income. If we are not transparent at this level there is no hope for South Africa."

When she finally decided to resign Bester said she had been "devastated".

"Shaik was not what he appeared to be. Shaik was advising Zuma on how to manage his affairs and he could not run his own," she said.

Bester joined Nkobi in 1998, attracted by Shaik's commitment to empowerment and the transfer of skills, but left a disillusioned woman.

She told the court that Shaik had said in his resumé that he was Zuma's personal advisor and had close links to former ANC treasurer Thomas Nkobi.

"Mr Shaik was a very good speaker. He told us he was an advisor to Zuma. He used it in a lot of his conversa-tions. He mentioned his political connectivity. He said it was important for a black economic empowerment company."

But when she left she wrote that "she had never worked in such an unprofessional company".

"I have never seen any person speak to their staff both senior and junior in the way you do. The business world is focused on having an open management policy and looking after their staff, as happy staff are more productive, but you are still using the old way of running a business. Your way only!" she wrote to him.

She said when she had realised what Shaik and Gering had done with the loan accounts, she had been extremely agitated.

"All I have seen to date is enrichments for yourself and certain ministers to the detriment of the staff, Mr Phambili Gama and the company." Bester wrote to Shaik.

The trial continues.

• Yesterday Judge Squires dismissed an application to record and broadcast on radio the evidence led at the trial.

With acknowledgements to Estelle Ellis and the Cape Argus.

*1 This brave woman and quite a few other besides, are themselves helping South Africa.

However note :

Simplistic Law of Corruption I

Prevention of Corruption Act of 2002

(As introduced in the National Assembly as a section 75 Bill; explanatory summary of the Bill published in Government Gazette No 23336 of 18 April 2002)

12. Bribery for giving assistance in regard to contracts

(1) A person is guilty of an offence if he or she corruptly gives or agrees to give any gratification to any other person as an inducement to give or as a reward for giving or having given assistance or as an inducement to use or as a reward for using or having used influence in—

(a) the promotion, execution or procurement of any contract with a public body, private organisation, corporate body or other organisation or institution; or

(b) the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any such contract.

(2) A person is guilty of an offence if he or she corruptly accepts or agrees to accept any gratification as an inducement to give or as a reward for giving or having given assistance or as an inducement to use or as a reward for using or having used influence in

(3) Any person convicted of an offence referred to in subsection (1) or (2) is liable to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment.

20. Duty to report corrupt transactions

(1) Any public officer to whom any gratification is promised, offered, given or lent in contravention of any provision of this Chapter must, as soon as possible, report such fact, together with the name, if known, of the person or persons concerned to his or her supervisor or at his or her nearest police station.

(2) If any gratification has been demanded, solicited, accepted, received or obtained from any person in contravention of any provision of this Chapter, or if an attempt has been made to demand, solicit, accept, receive or obtain any gratification from any person in contravention of any provision of this Chapter, such person must, as soon as possible, report such fact, together with the name, if known, of the other person or persons involved at his or her nearest police station.

(3) Any person who fails to comply with subsection (1) or (2) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years, or to both a fine and such imprisonment.

A range of Big, Medium and Small Fishes might well be shuddering their fins at the mere thought of all this.