Publication: Sapa Issued: Bloemfontein Date: 2006-11-06 Reporter: Sapa Reporter:

Shaik Appeal Dismissed

 

Publication 

Sapa
BC-COURT-3RD-LD-SHAIK

Issued

Bloemfontein
Date 2006-11-06

Reporter

Sapa

 

Durban businessman Schabir Shaik's appeal against his fraud and corruption convictions were dismissed in a unanimous decision by the Supreme Court of Appeal on Monday.

Reading a summery of the judgment and the short court order, Supreme Court of Appeal President Craig Howie said they found no grounds to change Shaik's convictions and sentences, which meant an effective prison sentence of 15 years.

In terms of Count 1, the corruption charge involved a "generally corrupt relationship" with former deputy president Jacob Zuma, and payments exceeding R1.2 million made to him. The SCA found that Shaik had misused his friendship with Zuma.

"In light of all the evidence on Count 1, we find that the only reason for influence is that the payments were corrupting money to influence Mr Zuma to act in conflict with his Constitutional duties and thereby advance Mr Shaik's and his group's interests," Howie said.

"We therefore find that Mr Shaik was correctly convicted on count 1, of corruption."

Shaik's leave-to-appeal application in terms of this count was dismissed as well as all the other applications and all appeals granted in terms of the criminal charges.

The SCA also found that Shaik was correctly convicted on the charge of fraud.

On the second charge of corruption, the admissibility of the so-called "encrypted fax" the SCA found the trial court had correctly allowed it as evidence.

"We think that the fax is indeed admissible," Howie said.

"He (Shaik) was therefore correctly convicted on count 3."

Shaik has between 48 and 72 hours to report to correctional services.

With acknowledgement to Sapa.