Benefit for Political Prestige No Offence [Sapa, 2005-07-26]

Publication: Sapa Issued: Pretoria Date: 2005-07-26 Reporter: Sapa Reporter:

Benefit for Political Prestige No Offence

Publication	Sapa COURT-LD-SHAIK
Date	2005-07-26
Issued	Pretoria
Reporter	Sapa

It was not an offence to give a benefit to a person to use his political prestige, as opposed to his powers of office, to advance the business interests of the giver, the defence for Durban businessman Schabir Shaik argued on Tuesday.

Shaik is seeking leave to appeal his conviction and 15-year sentence for corruption and fraud.

Defence advocate Francois van Zyl, SC, told Durban High Court judge Hilary Squires he had erred in finding that benefits given by Shaik had been intended to influence Jacob Zuma to use his powers as a KwaZulu-Natal MEC or later as Deputy President.

Another court might come to the conclusion that the payments were made on the basis of a long-standing friendship and "comradeship" between the two men, Van Zyl argued.

In the trial, Judge Squires described Shaik's relationship with Zuma as being "generally corrupt".

In documents before the court, Shaik's legal team argues that the defence (sic) failed to prove *1 beyond a reasonable doubt that Shaik had intended Zuma to commit or omit any act in relation to his official powers or duties.

"It is submitted that it is not an offence... if a person gives a benefit to another to use his political prestige, as opposed to the powers of his office, to advance the interests of the giver," the document states.

Shaik appeared in good spirits as he arrived at court about 15 minutes prior to the start of the hearing, shaking hands with police and greeting waiting journalists with: "Hello, everybody".

With acknowledgement to Sapa.

*1 This is known as Freudian Law.

(It's true, but unfortunately useless).