Schabir Shaik’s battle to have his day in the highest court in the land begins next month. Yesterday it was confirmed that May 23 and 24 have been set aside for oral submissions to be heard in the Constitutional Court in the high-profile case.

If granted permission, Shaik’s constitutional appeal would be his last legal avenue to reverse his conviction on charges of fraud, related to the multimillion-rand arms deal saga. He is now serving jail time for this conviction, but is being held in a hospital cell as he suffers from high blood pressure.

In papers filed last year at the Constitutional Court, Shaik maintained his constitutional rights were infringed in that he was not jointly tried with his alleged co- conspirators in his fraud and corruption trial. This would include former Deputy President Jacob Zuma, still facing prosecution by the State in this regard. In responding affidavits submitted earlier this year, the State said it was not uncommon to charge co-conspirators separately, and Shaik had had ample opportunity to raise the issue of non- joinder earlier.

The Constitutional Court cannot decide on any matter that has already been raised in Shaik’s trial, as it is limited to matters related to Constitutional rights and responsibilities. Shaik still has to convince the court to hear him out, as he filed his papers to appeal to the Constitutional Court three weeks after the initial deadline.

With acknowledgements to Christelle du Toit and The Citizen.