DURBAN: The state is to release some of Schabir Shaik's R40 million which it is holding under curatorship pending the outcome of a Constitutional Court appeal over the final confiscation of the money.

But it is unlikely that Shaik will get the R2.5m he said he needs to fund the court battle. Last week the imprisoned businessman made an urgent application in the Durban High Court for the money to be released to fund the appeal.

The constitutional court refused him leave to appeal against his fraud and corruption convictions relating to his relationship with ANC deputy president Jacob Zuma, as well as against his 15-year sentence.

However, he was granted leave to challenge the state's bid to confiscate R33m, found to be ill-gotten gains from his corrupt relationship with Zuma.

Prior to the application being launched, the Assets Forfeiture Unit revealed it would not release the money, saying R2.5m seemed grossly unreasonable and that the case, set for February, was more likely to cost R500 000.

According to court papers, shaik's lawyer, Reeves Parsee, estimated the cost of a senior advocate to be R900 000 for 30 days' work and that of a junior to be R600 000.

The balance of the money was for his fees, the cost of compiling the appeal record, accommodation, air travel and car rental.

Yesterday, KwaZulu-Natal Deputy Judge President Phillip Levinsohn, adjourned the application until next Friday.

With acknowledgement to Tania Broughton and Cape Times.