/ 2 June 2005

‘Zuma should step down’

Schabir Shaik left the Durban High Court shortly after 1pm on Thursday after his bail of R100 000 was paid following his conviction on two counts of corruption and one of fraud relating to alleged irregular financial dealings with Deputy President Jacob Zuma.

Asking for comment while pausing briefly on the steps, he said: ”No, maybe after lunch we’ll see what happens after that.”

As he walked to his car, he was swamped by media and members of the public.

Earlier, senior investigator Johan du Plooy explained that Shaik initially paid R1 000 bail when he was charged. This was set on the presumption of innocence.

As soon as he was found guilty, the amount was raised to R100 000.

Du Plooy said he is relieved the case is finally over because of the hard work that went into it. It was a team effort and justice has prevailed.

According to prosecutor Billy Downer, the state is to call another witness to the stand on Friday morning.

Witness Hennie van Vuuren, from the Institute for Security Studies, will appear as the state starts its arguments for sentencing.

The defence might also call witnesses, but all these details will be thrashed out when the High Court resumes at 2.15pm on Thursday.

As Judge Hillary Squires pronounced Shaik guilty on charge one of corruption, Shaik started sipping water from a glass. As he moved to count two, he put the glass down. By count three, an ashen-faced Shaik stared ahead at the judge.

Immediately after the proceedings, his wife, Zuleikha, ran out of the courtroom but soon rejoined him.

It’s the ‘correct decision’

Makhosini Nkosi, spokesperson for National Director of Public Prosecutions Vusi Pikoli, welcomed the decision. He said the judgement ”vindicates our decision to charge Mr Shaik on all the charges on which he has been convicted”.

Prosecutor Billy Downer also welcomed the judgement. He said the prosecuting team ”thought we had a good case” and that his team is humbled and appreciative of the judgement.

Nkosi, speaking outside the High Court, said Pikoli will study the judgement — together with his advisers — and make a pronouncement on further action. He said Pikoli is ”pleased with the judgement” and believes it is ”the correct decision”, noting that the prosecuting authority believed that on the basis of evidence it had a serious case.

Pressed by a journalist for a second time whether 63-year-old Zuma — who is in Zambia on an official visit to meet his counterpart — would be prosecuted, Nkosi said he was ”not going to answer that”. Zuma has repeatedly refused to comment in recent days.

It remains unclear whether Zuma’s political career will be derailed by the judgement — but a yet-to-be taken decision by the state to prosecute him could be key to answering that question.

He has been publicly backed by the African National Congress Youth League as the preferred candidate for party president when President Thabo Mbeki retires from that position in 2007.

The government has issued a statement indicating that it ”respects” the findings of the court.

Zuma’s spokesperson Lakela Kaunda said: ”Deputy President Jacob Zuma has noted the judgement in the Schabir Shaik trial in Durban. He will study the contents before making any detailed comments.”

Opposition Democratic Alliance leader Tony Leon, speaking to SAFM shortly after the judgement, said the judgement is ”extraordinary” and has far-reaching implications.

He said: ”I like Jacob Zuma as a person … but this judgement will dig the grave of Deputy President Zuma. It is impossible for him to continue in office, and he should step down.”

UDM calls for Zuma’s dismissal

The United Democratic Movement, accepting Judge Squires’s judgement, has called for Zuma’s dismissal.

”South Africa’s body politic has been tested to its very core. The former head of the Scorpions had said earlier that he was doubtful of a winnable case against Zuma despite having a prima facie case,” UDM leader Bantu Holomisa said in a statement on Thursday.

”During his judgement, Justice Squires has found that there is clear evidence of a corruptor [Mr Shaik] and a corruptee [Mr Zuma].

”I think the time is ripe for the state to charge Mr Zuma now after the evidence has been tested and accepted before a court of law,” Holomisa said.

Mbeki will then need to decide whether a senior member of the executive can continue to serve while such serious charges are being considered before a court of law.

”What is required now is decisive leadership. The president must now prove the commitment he made last week in Parliament, where he said that government would no longer tolerate members of the executive who abused their positions for personal gain.”

Holomisa added that the verdict throws into question the arms deal.

”Evidence has been accepted that not only did Mr Shaik’s brother inform him beforehand of the tendering processes, he even warned him of a potential threat to one of the arms deals in which Schabir Shaik was a beneficiary.

”In turn, he phoned Mr Zuma to complain about this potential threat. It is significant that in the end, Shaik’s company did receive a stake in the arms deal.

”The implication is that it was as a result of Mr Shaik’s political connections, and to the detriment of a better tender bid. Under such circumstances, we would expect a judicial commission of inquiry into the arms deal,” Holomisa said.