BLOEMFONTEIN ­ The relationship between former deputy president Jacob Zuma and his financial adviser, Durban businessman Schabir Shaik, has come under intense scrutiny in the Supreme Court of Appeal as Shaik began his appeal yesterday against his conviction and sentence on fraud and corruption charges last Shaik was sentenced to 15 years in prison for corruption and fraud, with Judge Hilary Squires concluding that there was a “generally corrupt” relationship between the two men.

Last week, the Pietermaritzburg High Court struck Zuma’s corruption case off the roll as the state was unable to proceed with the case.

The “encrypted fax” written by Alain Thetard, a director of French arms company Thomson- CSF, also came under scrutiny, with Shaik’s counsel, Jeremy Gauntlett, saying Shaik did not get a chance to cross-examine Thetard, who had refused to testify in SA.

Gauntlett questioned the admissibility of the fax as evidence in Shaik’s trial. Gauntlett said Thetard had given conflicting statements to the National Prosecuting Authority about the fax.

Thetard had said he never sent the fax to his principals in France but he later said he never intended the fax to mean what the state said it meant. “Evidence of this proven liar … is put to one side and the fax is accepted,” said Gauntlett. “We were never given an opportunity to cross-examine him.” Gauntlett also said a 15-year sentence for a first offender was not appropriate.

In the fax, Thetard said he had met Zuma and Shaik in Durban on March 11 2000. The fax said Thetard had asked Shaik “to at least obtain from JZ a clear confirmation, or failing which, an encoded declaration (the code had been defined by me), in order to validate the request by SS at the end of September 1999”.

State advocate Billy Downer said Zuma started building his homestead in Nkandla in 2000 as he knew money was coming his way, but Judge Mohamed Navsa said the state could not expect the appeal court to make the connection between the R500 000 “bribe” and the building of the house.

Judge Piet Streicher told Downer that Thetard said he was in a meeting where Zuma was supposed to speak in code.

Streicher said Thetard did not say what the code was and the fax did not mention a bribe. Downer said it was known that payments were made to Zuma when neither Shaik nor his companies could afford it. He said the relationship was calculated to gain benefits for Shaik and his companies. “Shaik knew that he could rely on Zuma’s political connections to reap benefits.”

Judge President Craig Howie said there was no doubt that the relationship between Zuma and Shaik started before 1994 and was a close one.

Howie asked if there was a time when their relationship crossed from friendship to one of base motives. Downer said there was an overlap as the friendship could be exploited.

Downer said Zuma’s powers and his legislative capabilities were being used by Shaik for his business interests. Downer said this could be seen in a letter which Zuma wrote recommending one of Shaik’s companies. He said it was a duty of MECs to meet foreign businessmen to discuss the business of the province, but it was a subversion of duty to lobby for a particular company.

The appeal continues today.

With acknowledgement to Ernest Mabuza and Business Day.