Publication: The Star Issued: Date: 2007-05-22 Reporter: Karyn Maughan

Shaik to Tell Highest Court His Rights Were Violated over Zuma

 

Publication 

The Star
Date

2007-05-22

Reporter

 Karyn Maughan

Web Link

www.thestar.co.za

 

Move to include full record of ANC deputy's aborted case

Schabir Shaik claims the National Prosecuting Authority was "well able" to prosecute both himself and former deputy president Jacob Zuma for corruption at the same time.

And, while accusing prosecuting boss Vusi Pikoli of lying about why the state initially failed to charge both him and Zuma together, Shaik has also revealed that he asked Zuma to testify in his defence - but was turned down.

The result, according to Shaik's legal team, was that evidence that could have been given by Zuma to clear him was never heard.

Now, in an extraordinary move, Shaik's legal team have asked the Constitutional Court judges to include the entire record of the state's aborted case against Zuma when they consider the convicted fraudster's last legal bid for freedom.

This record contains Pikoli's strongly worded assertions that he decided to charge Zuma after Shaik was convicted of fraud and corruption in the Durban High Court - not because of any political conspiracy against Zuma.

In an affidavit before the Pietermaritzburg High Court, Pikoli said the decision to prosecute Zuma was made by himself and his staff alone.

One of his reasons for charging Zuma was his awareness that the finding in the Shaik trial "might affect the perception of foreign governments (regarding) South Africa and could even impact on the economy".

He further said he was also aware that Zuma had made repeated calls to have "his day in court" - and he therefore thought it fair to oblige him in this regard.

But Shaik's lawyers claim that Pikoli's explanation for his reversal of former NPA head Bulelani Ngcuka's decision not to prosecute Zuma "cannot reasonably be true".

Their arguments echo those given by Zuma himself, in which he claimed that Pikoli's version of how he was charged and fired as deputy president was "untenable and falls to be rejected".

Shaik's legal team will tomorrow argue that his constitutional rights were violated because the state failed to charge Zuma and French arms company Thint - for whom he was convicted of securing a R500 000 bribe on Zuma's behalf - with him.

With acknowledgements to Karyn Maughan and The Star.