State to Dispute Zuma Loan Fax |
Publication | Cape Argus |
Date | 2004-11-05 |
Reporter |
Estelle Ellis |
Web Link |
The prosecution in the case of Durban businessman Schabir Shaik will dispute the authenticity of a document putting the money dealings between Deputy President Jacob Zuma and Shaik above board.
The document was handed to High Court Judge Hilary Squires yesterday during the cross-examination of Johan van der Walt, the forensic auditor giving evidence for the State.
Up to now the State has suggested that R1.2 million in payments made to, or on behalf of, Zuma were with corrupt intent.
The document handed in suggested they were done in terms of a legal document, signed five years ago and, according to Shaik's counsel, advocate Francois van Zyl SC, declared in a confidential parliamentary register of members' interests.
Shaik has pleaded not guilty to two charges of corruption and a third of fraud.
After a morning of preliminary skirmishes between Van Zyl and Van der Walt about his reasons for believing that money paid to Zuma was "donations" and not loans, Van Zyl nonchalantly handed the document to Van der Walt.
Shaik had mentioned the existence of a revolving credit agreement between himself and Zuma in his plea explanation, but Van der Walt said in his evidence-in-chief that he had not found such a document among the 152 000 he studied.
Advocate Billy Downer SC, who leads the State's team, said they would dispute that Exhibit P47 - the loan document - was a true document.
"We don't accept the authenticity of this document," he said.
Van Zyl said: "The loan is for five years. The loan period has expired. No new agreement had been struck, but the loan will carry on for another period."
Van der Walt replied: "I assume you will show me the balances and interest outstanding."
"Never assume anything in a court of law," Van Zyl said.
"Sorry my Lord," Van der Walt replied. "I am an accountant, not a lawyer."
Shaik's team now have the loan agreement, faxed in August this year.
"The original of this document is filed in the confidential section of the parliamentary asset register. We had been trying without success to get it," Van Zyl said.
The document makes provision for revolving credit of R2m for the benefit of Zuma, to be paid back over five years with interest calculated at the prevailing prime rate plus 2%.
Shaik's first name is spelt incorrectly on the document as "Shabir". It is signed by both Zuma and Shaik and is dated "16/5/1999".
Van Zyl said his client would tell the court that even though it was against his client's religious convictions to ask for interest, Zuma had insisted on it.
Shaik then agreed to pay the interest to charity.
Van der Walt's cross-examination continues today.
With acknowledgements to Estelle Ellis and the Cape Argus.