"The state says this is like a drowning man clutching at straws. Well, that's what you do when you're drowning, isn't it?"

This was how Mo Shaik, clutching a cigarette and talking in a measured voice, responded to questions about his brother Schabir's Constitutional Court appeal bid after the first day of its hearing. His brother Yunus was equally philosophical.

"When something like this happens to you … the universe is trying to show you that, ultimately, not one of us has control. It is a terrible lesson to learn … if people really want to hurt you, there is little you can do."

It has been a hard week for t he Shaiks. Two years ago they boasted that they had "the balls of elephants". This week, with Schabir in a prison hospital, they attended court under the shadow of plagiarism allegations against brother Chippy, who is also being investigated by Home Affairs.

With photographers capturing their every cigarette break, Mo and Yunus were visibly tense, but polite. When a group of giggling schoolgirls started excitedly taking their pictures with cellphone cameras, the brothers were happy to smile and pose.

But Yunus was outspoken on Correctional Services' decision to move Schabir out of hospital the day before his appeal was to be heard. He had spent more than a month being treated for hypertension.

"It was unnecessary … his family are under so much stress."

Still, when Chief Justice Pius Langa reserved judgment this week, the brothers said "win or lose, justice will prevail". But they must be aware that, if efforts to challenge Schabir's sentence fail, he will be in jail for a decade.

When he is released, his son will be approaching adolescence. But his brothers will be waiting. "He must face his destiny," Yunus said, "but he doesn't do it alone."

With acknowledgements to Karyn Maughan and The Star.