Zuma and Shaik a 'Package Deal' |
Publication |
The Mercury |
Date | 2004-11-19 |
Reporter |
Estelle Ellis |
Web Link |
Because of their "political influence", Deputy President Jacob Zuma and his financial adviser, Schabir Shaik, were both accepted as clients of Absa's private bank, despite their high credit risk rating.
"They came as a package deal," the former Durban manager of Absa Private Bank, John Dwyer, said yesterday when he gave evidence in Shaik's Durban High Court trial.
Shaik has pleaded not guilty to two charges of corruption and another of fraud.
In a dramatic day that was most notable for the state turning on one of its own witnesses for changing her evidence, the court also heard that Zuma had not told the bank about the debt he carried, nor mentioned that he had a R2 million revolving credit agreement with Shaik.
When asked by Judge Hilary Squires why he was leading this evidence, which mostly dealt with an application for membership of the bank by Shaik and Zuma, the leader of the state's legal team, advocate Billy Downer SC, explained that there were two reasons.
The first was that the state wished to show that Zuma was expecting some money, which could tie in with their case that he was waiting for African Defence Systems' dividends to be paid out to him. Evidence before court is that Zuma got Shaik's Nkobi Holdings in on the arms deal by brokering a black economic empowerment ADS share settlement.
Downer further explained that it tied in with Shaik's contention that he would be paid back by Zuma when he received his pension.
Downer also explained that the evidence was also led in support of their case that Zuma had been placed "on retainer" by Shaik in exchange for the use of his name.
It was a very busy day in courtroom one of the Durban High Court.
"First you give me one witness for four weeks and now you give me four witnesses in one day," Squires remarked, referring to the evidence of forensic auditor Johan van der Walt, who occupied the witness stand for almost a month.
Dwyer, who worked at the Durban branch of Absa Private Bank in 2001, told the court that they had accepted both Shaik and Zuma as clients that year.
The two of them had applied through one of the private bankers, Brenda Madgwick, to become members. He had to take the final decision about their applications.
The credit manager, Ian McLeod, had looked at their profiles and said he could not recommend that they be taken on. At that stage both Zuma and Shaik had a "4" credit rating which meant that they were considered to be very high-risk clients. The worst credit rating that can be given to a person is "5".
Dwyer said that he had, however, decided to take them on under certain conditions.
He wrote in a subsequent e-mail to McLeod that "these two have a high political profile. Zuma in particular was apparently invited by Nallie Bosman (Absa CEO) to become a client of the Absa Group. It was thought that because of Zuma's political profile, and the supposed prospect of his coming into R5 million about three years hence, at which time it was assumed that he would be retiring from government office, Zuma should be taken care of in the private bank. Shaik is the appointed financial adviser to Zuma and a meeting between Brenda (Madgwick) and Zuma was brokered by Shaik," Dwyer wrote.
Both their accounts were, however, later referred back to the Absa Business Centre.
"We were uneasy about them," Dwyer said.
Nelia van Coller, who worked at the Absa Business Centre, said Zuma did not declare the personal loans from Shaik when he was asked for a statement of assets and liabilities, nor did he mention the revolving credit agreement between him and Shaik.
But Shaik's counsel, advocate Francois van Zyl SC, pointed out that he also did not mention any of his other debts with almost all of South Africa's other corporate banks, as well as for car finance.
Anthony Lochner, of Bankfin, told the court that he had to facilitate a solution when a Toyota Camry registered in the name of Zuma's ex-wife, Nkosasana Dlamini-Zuma, was about to be repossessed. He said the instalments on the car were in arrears.
Lochner said he felt it was unsuitable, given Dlamini-Zuma's profile. He then telephoned her in an attempt to sort it out.
"She said the deputy president had the car and that she would contact him," Lochner said.
He further explained that soon afterwards Shaik called him and they negotiated a deal. Shaik gave him two cheques, of which one was dishonoured.
The trial continues.
With acknowledgements to Estelle Ellis and The Mercury.