The most devastating prosecution documents handed in at court this week are two affidavits from businessman David Wilson, the former MD of the Renong Overseas Corporation — the Malaysian company that won the rights to develop Durban’s Point Waterfront.
The affidavits apparently claim Deputy President Jacob Zuma personally interceded with Wilson in an attempt to get Nkobi a role in the project.
But the public may never see the statements, following pressure on Wilson from within Malaysia to withdraw as a witness for fear the Malaysian government would be seen as anti-Zuma.
After agreeing to come to South Africa at his own expense to testify, British-born Wilson suddenly changed his tune, faxing the Scorpions a letter on October 20 last year stating that intense media coverage had “brought the Schabir Shaik trial to the attention of the authorities in Malaysia”.
Wilson states: “Ownership of the Renong Group was transferred from the private sector to the Government of Malaysia in 2001 … This gives rise to a serious political and diplomatic problem. My giving evidence would suggest that there was endorsement and support of the government of Malaysia for the prosecution and, in particular, of the associated allegations against the Deputy President of South Africa.
“I am advised therefore that it would not be appropriate for me to give evidence in the trial under these circumstances. I have lived in Malaysia for 20 years and I do not wish to be the cause of any embarrassment to the government of Malaysia.
“Therefore I regret to advise you that I will not be able to be present in Durban to give evidence during the trial.”
Two days earlier Wilson had told the Scorpions they need not pay for his flight as he was already intending to make a business trip to Angola when he was due to testify.
When investigators tried to get Wilson to change his mind he referred to matter to the board of Renong. The board later confirmed, “We are of the view that you should not attend the trial.”
Contacted by the Mail & Guardian, Wilson refused to comment. Attempts to get comment from Renong were unsuccessful.
As a result of Wilson’s withdrawal, the defence is contesting the admissibility of his affidavits. Like other contested documents, they have been provisionally admitted pending a crucial ruling by the court on all the disputed documents, including the notorious “encrypted fax” allegedly detailing Zuma’s request for a bribe. The court is expected to rule on the admissibility in the next fortnight.
In Wilson’s case, the court ruled his affidavits may not be made public unless they are found admissible, but another document already in the public domain sketches the outline of what Wilson has alleged.
The state’s summary of substantial facts, presented with Shaik’s initial charge sheet, states the following, which, it is clear from the context, is based on Wilson’s evidence.
“In October 1995 the Point Waterfront Company called for proposals from interested parties … for the development of the Point and presentations were made to the Board in November 1995. Besides the Renong/Vulindlela joint venture, two other consortia made proposals, including one consortium led by [Shaik’s] Nkobi group.
“The day before the presentation, the managing director of Renong, David Wilson, was requested by [Shaik] to attend a meeting in the Nkobi group’s offices in Durban …
“[Shaik] and others present indicated that the consortium whose members were present at the meeting was very powerful and influential and that it would not be in Renong’s interests if they proceeded with the presentation with their current partners …
“As a result of this interference and the uncertainty that it caused, it was considered necessary to obtain confirmation at a political level that the empowerment partners that had been chosen were indeed acceptable. In June 1996, the chairman of Renong sent a letter to Zuma, in his capacity as national and provincial chairman of the ANC, asking his assistance in resolving the matter of suitable partners …
“Zuma eventually invited the chairman or a representative to meet with him in Durban. Arrangements were made by [Shaik] for [Wilson] to meet Zuma as proposed. The meeting took place during January 1997 and was attended by Zuma, [Shaik] and [Wilson] …
“Zuma appeared uncomfortable during the meeting. [Shaik] led the discussions and Zuma supported him and expanded on the topics.
“Zuma said that he was not happy with the persons nominated to represent the empowerment interests in the Point Development and proposed that [Shaik] be involved in the project. At one point Zuma made mention of the support and assistance he had received from [Shaik].
“Wilson indicated that he regarded the selection of empowerment nominees as a matter for the South African government to decide. It was Renong’s intention to continue with its [existing] partners unless formally advised otherwise by the SA Government. Such an instruction was not forthcoming.”
Renong won the Point contract with its original local partner.