Publication: Mail and Guardian Issued: Date: 2005-05-31 Reporter: Matthew Burbidge Reporter: Sapa

Judgement Day

 

Publication 

Mail and Guardian

Date

2005-05-31

Reporter

Matthew Burbidge, Sapa

Web Link

www.mg.co.za

 

Judge Hillary Squires started judgement in the Schabir Shaik fraud and corruption trial on Tuesday by giving detailed explanations of all the charges against the Durban businessman.

Shaik has pleaded not guilty to two charges of corruption and one of fraud relating to payments allegedly made to Deputy President Jacob Zuma.

"The emphasis is not on what Zuma allowed, it is what the accused intended to do," said Squires while outlining the first charge of corruption against Shaik.

All the charges are related to what the state described as an irregular financial relationship between Shaik and Zuma.

Count one of corruption relates to the payments Shaik and his company made to and on behalf of Zuma and which the state said were bribes or a retainer for the use of Zuma's influence.

However, Squires said of all the contracts for which Shaik's Nkobi group of companies tendered, only one was awarded and it was not from Zuma's ministry.

At the time this alleged corruption took place, Zuma was the provincial minister for tourism and economic development in KwaZulu-Natal.

As Squires explained in detail the charges and alternative charges, a sombre-looking Shaik, flanked by his brothers, stared straight ahead at the judge.

For only the second time since the trial started in October, Shaik's wife, Zuleikha, attended the proceedings in the Durban High Court.

Judge Squires started his judgement on Tuesday by saying it would probably be "dull and boring" for those who are only interested in the final result.

He told spectators in the Durban High they were free to leave -- as long as they did so quietly.

Despite live broadcasts of the proceedings, the courtroom was filled to capacity on Tuesday as the media and members of the public came to hear Shaik's fate.

Judgement is expected to finish at lunchtime on Wednesday.

Shaik arrived at the court at 2pm on Tuesday, 15 minutes before judgement was due to start.

He was flanked by his brothers Mo, Yunis, Chippy, Salim and Faisal. Shaik was wearing a grey suit, a striped shirt and a brown tie.

He smiled faintly as he arrived.

As he went up the steps, his brother Mo shouted "Viva", to which the crowd gathered outside responded with a return "Viva".

Shaik put his hands together in gratitude. He did not speak to the media, but his brother Yunis said: "There will be no comment, as you can appreciate."

Earlier, a large crowd gathered at the entrance to the court.

Local and international media set up on the steps to the main entrance, with two television and one radio stations broadcasting the proceedings live.

Curious onlookers said they preferred to watch "the real thing" to staying at home and watching the judgement on television.

Also in the crowd were two African National Congress Youth League members. Nathi Mambulu, from the Umlazi branch, said he is "pro" Zuma, but that the Shaik trial has dented the deputy president's image.

He believes Zuma did not know that Shaik was allegedly using the deputy president's name to further his business interests.

"But there's a lot of corruption in this country, especially among ANC members, and if Zuma was aware of Shaik's actions, then he must be punished so that people can see government is serious about getting rid of corruption."

Dumisane Gumede, from the league's Maphumulo branch near Kwadukuza, said: "I'm supporting Zuma to be president. If Shaik is guilty, Zuma must still be president because Shaik will be guilty, not Zuma."

He believes the "generally corrupt" relationship between the two, as it was described by the state, was merely an innocent friendship of "one comrade helping another".

Either way, the youth has always and will continue to back Zuma to become the next president, Gumede said.

With acknowledgements to Matthew Burbidge, Sapa and the Mail & Guardian.