In her first public comment on the matter, Justice Minister Brigitte Mabandla yesterday called on the Judicial Service Commission (JSC) to investigate whether the Supreme Court of Appeal (SCA) had acted improperly by wrongly attributing the phrase a “generally corrupt relationship” to Judge Hilary Squires during his judgment on convicted businessman Schabir Shaik, in reference to Shaik’s relationship with Jacob Zuma.

However, the JSC, in its response, said it could only do so if it received an official complaint and there had been no complaint yet.

Reaction has continued to pour in following retired high court judge Squires’ clarification that he never found a “generally corrupt relationship” to have existed between Shaik and former deputy president Zuma.

The phrase has been wrongly attributed to Squires ever since he sentenced Shaik last year on corruption and fraud charges. On Monday last week, the SCA, which upheld Shaik’s conviction, also attributed the phrase to Squires.

A statement by the registrar of the SCA said yesterday that the attribution did not occur in the court’s judgment in the criminal appeal. It was only to be found in the introduction to the court’s subsidiary civil judgment on the forfeiture of Shaik’s assets.

The SCA said that, as in all cases, it had made independent findings on Shaik’s appeal.

Mabandla said she was in the process of establishing the facts with Chief Justice Pius Langa and KwaZulu-Natal Judge President Vuka Tshabalala.

“Any issue raised about impropriety by the SCA judges is one that I cannot comment on. Issues relating to the impropriety of judges are the preserve of the JSC.” She said the JSC must hold an inquiry.

The minister said the SCA was the court of appeal of final instance on nonconstitutional matters. Therefore, when it heard an appeal, it decided the matter afresh on the basis of the record.

The SCA made its own findings of fact and credibility in respect of the appeal, and although it was guided by the views of the trial court, it was not bound by them.

African National Congress (ANC) secretary-general Kgalema Motlanthe said the party accepted and supported the decision by President Thabo Mbeki to fire Zuma as deputy president following due consideration of the ruling in the Shaik trial.

“All sections of society should appreciate and respect the solemn responsibility of government to act in the interests of effective governance, to safeguard the integrity of our democracy, and to respect the decisions of our courts,” he said.

He called on the media to ensure that the decisions of the judiciary were accurately and correctly represented. Although ANC Youth League president Fikile Mbalula welcomed Squires’ clarification, he said “urgent intervention is required as it has created doubts about the independence of the judiciary, and put its reputation under scrutiny”.

With acknowledgement to Amy Musgrave and Business Day.