Fraud and corruption accused Schabir Shaik will tell his version of events but without the support of his friend Deputy President Jacob Zuma when he enters the witness box in the Durban High Court on Monday.

"The deputy president has not received papers from either of the parties in the Shaik trial, requesting him to appear as a witness. He is therefore not scheduled to appear in court," said Zuma's spokeswoman Lakela Kaunda via SMS on Sunday.

Zuma is central to all the charges against Shaik.

The charge of fraud relates to the irregular write-off of money in the books of his Nkobi group of companies, money which the State alleges was used to bankroll Zuma's expensive lifestyle.

Shaik said he and Zuma had a revolving loan agreement of R2 million which was entered in the confidential part of Parliament's register of members' assets.

However, special investigator Johan du Plooy last week told the court it had not been filed there and he had no proof of its existence apart from the copy produced in court by the defence.

Count two of corruption relates to what the State said was a "generally corrupt relationship" between the two men.

The State said that in exchange for acting as Zuma's financial adviser and saving him from financial ruin, Shaik used their "political connectivity" to advance his business interests and also to be chosen as a black economic empowerment partner in certain deals.

Count three of corruption relates to an alleged bribe of R500 000 per annum which Shaik apparently solicited for Zuma from French arms company Thomson CSF. This was in exchange for protection during investigations into alleged irregularities in South Africa's multi-billion rand arms deal.

In a development favourable to the State, Judge Hillary Squires ruled as admissible the encrypted fax which was authored by Thomson CSF's former South African boss Alain Thetard and which records this alleged bribe.

Defence advocate Francois van Zyl, SC, previously told the court that: "Thetard was not an honest person. He was unreliable before the fax". He said his client had no knowledge of a bribe and that talks between Shaik, Thetard and Zuma had been about donations *1 for Zuma's Education Trust Fund.

Van Zyl said Thetard probably "tried to run a fast one on the company" *1 and tried to make money by writing the fax. Thetard, who is in France, has refused to testify either for the State or for the defence.

The State closed its case last Thursday after Squires gave his ruling on the admissibility of the fax and other documents.

These included two affidavits by Malaysian-based British businessman David Wilson who was formerly with the Renong group which Shaik wanted to partner as a BEE company in the development of Durban's Point Waterfront Project, and a two-page diary entry by Thetard which relates to a meeting between him, Shaik and Zuma in Durban in March 2000.

Last week Shaik said he had prepared for a "worst case scenario" which would be testifying in court.

Shaik's attorney Reeves Parsee told Sapa that according to law Shaik had to take the stand before any of the defence's other witnesses "unless there is a compelling reason" to put someone else in the witness box first.

With acknowledgement to Sapa.

*1 Which Adv. W.J. Downer SC described as "laughable".

It is standard practice for Thomson-CSF to bribe all and sundry within the home countries in third world and "second" world countries doing defence acquisitions. That's why there will be seismic agitations in the Union Buildings if and when van Zyl's client tells the whole truth.

But getting back to Thetard, how could this person, who was reporting all or nearly of all his and Thomson's interactions with, inter alia, the below-mentioned persons back to his superiors in Paris, get away with it :

Nelson Mandela
Yusuf Surtee (Nelson Mandela's interlocutor)
Thabo Mbeki
Essop Pahad
Barbara Masekela (SA Ambassador to France and previously Nelson Mandela's PA)
Jogn Kogl (Barbara Masekela's interlocuter with Thomson-CSF and Thabo Mbeki's friend)
Joe Modise
Jayendra Naidoo
Chippy Shaik
Ruel Khosa
Vice Admiral Robert Simpson-Anderson
Rear Admiral (Junior Grade) Jonathan Kamerman

Both Jacob Zuma and Schabir Shaikh already had direct personal communication and contact with both Jean-Paul Perrier (Chairman of Thomson-CSF International and Deputy Chairman of Thomson-CSF) and Bernard de Bollarbiere (Deputy Chairman of Thomson-CSF International). Thetard also copied his fax to his superior Yann de Jomaron. If Thetard had done a fast one on Thomson it would have been to get just R1 million (US$150 000) over two years. Then he would have been busted. His golden goose would have been truly plucked, drawn and quartered. In the Taiwanese La Fayette deal, the commissions were US$1,6 billion (R10 billion). In Saudi Arabia there were almost as juicy commissions paid by Thomson-CSF. Just why would Thetard firstly be so open with his superiors concerning the deal for Zuma and secondly why do it for a relative pittance.

It is indeed true that every man has his price, but it is not logical to conclude that the price for a senior executive of one of the biggest and most regular bribe-paying companies in the world is the same price as the Deputy President of a third world country.

Sorry, M'Lord, it is beyond the bounds of reasonable possibility that the version put to the court by Learned Counsel on behalf of his client, Accused No. 1, could be true.

It is indeed laughable - except that it isn't funny.

But what would be fun (or funny - depending who you are) is being served a welcome drink (alcoholic or otherwise - depending who you are) on a hot February day on the back nine of the Royal Durban by Robin - Viva.