Schabir Shaik is still waiting to hear his fate after Durban High Court judge Hilary Squires provisionally set aside Wednesday afternoon or Thursday morning for sentencing.

Shaik was found guilty last week of fraud and corruption linked to his relationship with Deputy President Jacob Zuma.

On Tuesday Shaik's advocate Francois van Zyl called on the court to show "mercy and compassion" and to impose a lesser sentence than the prescribed minimum on his client's conviction... "a punishment to fit the criminal as well as the crime".

Prosecutor Billy Downer called for a long-term sentence.

According to Van Zyl: "There is a huge price that was already paid in the form of pressure and anxiety."

He said there were substantial and compelling reasons for the court to impose a lesser sentence on all three counts against Shaik.

At one point during Shaik's trail which started last October proceedings had to be adjourned due to Shaik's high blood pressure.

Van Zyl said Shaik was a first-time offender, was married without children, came from a humble background and "sacrificed a part of his life in working in the struggle" (against apartheid).

Van Zyl said the case had been hanging over Shaik's head since October 2001 when the Scorpions first raided his homes and businesses.

Because of his conviction, Shaik -- the director of the Nkobi group of companies, some of which were co-accused in this case -- would not even be able to manage any of his companies.

"This is not your classic case of bribery," said Van Zyl, explaining that the crime committed by Shaik started out as a gesture of friendship to help Zuma out of his debt.

"The offence started not as a direct intent to bribe Zuma but evolved from trying to assist Zuma."

This distinguished Shaik's case from normal corruption.

Van Zyl said there was no evidence that Zuma interfered in any tender processes in which Nkobi was involved, and that "these circumstances" warranted a lesser sentence than what would otherwise be handed down for corruption.

Dealing with the fraud charge relating to an irregular write-off of R1.2 million as development costs in the books of Nkobi, Van Zyl said: "The write-off occurred below the line and as such had no real influence on profit figures above the line."

He said it would be "a grave injustice" to sentence Shaik as if he was party to the fraud because although he was aware of what was happening in the books, the write-off was designed by the accountants.

On count 3 of corruption relating to soliciting a bribe for Zuma from French Arms company Thomson CSF, Van Zyl said neither Shaik nor his companies agreed or offered to pay Zuma bribe money. He said Shaik was only a facilitator.

Although Zuma wrote a letter to Scopa to voice his disapproval over their intention of investigating the arms deal it was not part of the bribe "agreement", he was merely reiterating what other ministers had already stated in a press conference *1.

Van Zyl said society undoubtedly had an interest in the punishment of corruption. This interest should not weigh so heavily that it interfered and overshadowed all other circumstances that the court would have to bear in mind.

In argument in aggravation of sentence, Downer said there was no "substantial compelling reason" to deviate from the minimum sentences. He said 15 years was a just and lenient sentence especially in respect of the two corruption charges.

Shaik showed no remorse for his actions. A large amount of the R1,2 million to Zuma was paid over seven years as he tried to corrupt the deputy president. Downer maintained that Shaik intended to bribe Zuma in his capacity as MEC and later as deputy president.

In comparison to Van Zyl who said that Shaik's was not a typical case of bribery, Downer said it had features which "aggravated the classic case" and was "more serious."

"This is atypical, it's much, much worse" he said. On the case of bribery Downer said: "It remains offensive in the true sense of the word to pay an official to do his work."

Shaik had also persisted in trying to get the money from the French when it was not forthcoming. In referring to Shaik's group of companies, he said the corporate accused also had to be punished because they were assets.

Although the corporate accused could not be put in prison it was necessary to look at the amounts involved in the offence as a starting point, Downer said.

With acknowledgement to Wendy Jasson da Costa and Sapa.

*1 Charge them as well - and Chippy. They knew of Chippy Shaik's conflict of interest, his declaration thereof, but they allowed him to act in contravention of such conflict of interest.

Modise has travelled on, Lekota only a new "kid on the block", but at least Erwin and Mbeki must be accountable.