No Let-Off for Zuma [The Star, 2006-11-14]

Publication: The Star Issued: Date: 2006-11-14 Reporter: Linda Daniels Reporter: Reporter:

No Let-Off for Zuma

Publication	The Star
Date	2006-11-14
Reporter	Linda Daniels
Web Link	www.thestar.co.za

Appeal court wasn't guided by judge and made own findings on Shaik dealings

The Supreme Court of Appeal has stood by its judgment that Jacob Zuma and Schabir Shaik had a corrupt relationship.

The SCA, the second highest court in the land, has come under fire and had its credibility questioned after it incorrectly attributed a phrase, the often quoted "generally corrupt relationship", to Judge Hilary Squires in his supposed description of the relationship between Zuma and his former financial adviser.

The furore erupted after Judge Squires wrote a letter to Business Day newspaper last week, in which he said he never mentioned the phrase in his judgment when he was the trial judge in Shaik's fraud and corruption case in the Durban High Court more than a year ago.

Since that trial, it has been consistently reported that Judge Squires had said that Zuma and Shaik had enjoyed a "generally corrupt relationship".

In a statement by the SCA yesterday, it said that while the quote was incorrectly and regrettably attributed to Judge Squires, a corrupt relationship still existed between Zuma and Shaik.

The SCA, through its registrar, said the misattribution did not occur in the SCA's judgment in the criminal appeal, but in the introduction only to the court's subsidiary civil judgment on the forfeiture of Shaik's assets.

The SCA said it had made its own independent findings, which were based on an exhaustive review of the evidence and record of the trial court.

"The trial court found in the context of the corruption charges that the evidence established a 'mutually beneficial symbiosis' between Mr Shaik and Mr Zuma."

"The trial court's view of the 'symbiosis' between Mr Zuma and Mr Shaik was confirmed by the SCA in various parts of its judgment, which ultimately conveyed that, on the evidence in this case, an overall corrupt relationship existed *1."

Confident that they could still charge and prosecute Zuma, the National Prosecuting Authority (NPA) said yesterday that Judge Squires' denial *2 that he had referred to a "generally corrupt relationship" between Zuma and Shaik had no legal implications.

"The NPA has noted weekend media reports suggesting that retired KwaZulu Natal Judge Hilary Squires has said that he never made mention of the phrase 'generally corrupt relationship' in his judgment when describing the relationship between convicted businessman Schabir Shaik and ANC deputy president Jacob Zuma," said NPA spokesperson Makhosini Nkosi.

"As far as the NPA is concerned, Judge Squires' comments have no legal implications for any former, current or future criminal matters whatsoever. The Supreme Court of Appeal's November 6 2006 pronouncement is the final authority on this matter.

"Any future NPA decision in this regard will be guided by the decision of the SCA," said Nkosi.

With acknowledgements to Linda Daniels and The Star.

*1 An "overall corrupt relationship" existed between Zuma and Shaik.

*2 Judge Squires's denial is only in respect of the words being attributed to him. His finding still stands that there was a “mutually beneficial symbiosis” which was corrupt.