The National Prosecuting Authority (NPA) is refusing to say what will come of its efforts to seize R30-million of the assets of Durban businessman Schabir Shaik now that he has been granted leave to appeal his corruption conviction and sentence.
”The matter is before court,” said NPA spokesperson Makhosini Nkosi. ”I cannot say anything about it.”
Prosecutors will let him know the effects of the Supreme Court of Appeal’s (SCA) ruling, if any, once they have studied it, Nkosi said while waiting for that finding on Tuesday.
The SCA overturned a Durban High Court ruling that refused Shaik leave to appeal the corruption charge relating to his ”generally corrupt relationship” with axed deputy president Jacob Zuma.
The Durban High Court had granted Shaik leave to appeal a second corruption conviction and one of fraud, albeit on limited grounds.
The state on Tuesday reportedly announced its intention to try to prove that R30-million of Shaik’s assets were the proceeds of crime.
The asset-forfeiture hearing was set down on Monday for January 18 to 20 in the Durban High Court, according to The Witness website.
Shaik voluntarily gave the state temporary control of his assets pending the outcome of his application for leave to appeal.
While he disputes that they are the proceeds of crime, the state maintains the assets were gained from corrupt dealings relating to the arms deal and to Zuma.
Zuma to ask for return of seized items
Meanwhile, an application for the return of items seized during raids on several premises linked to Zuma is likely to be heard in the Durban High Court next month.
The case is likely to be heard on December 1 or 2, ”but we should have confirmation of the date by [next] Monday”, Zuma’s lawyer, Michael Hulley, said on Wednesday.
Zuma will ask the court to set aside the warrants used by the Scorpions special investigating unit to carry out the search-and-seizure operations, and for the return of all items taken.
The premises targeted in August included two of Zuma’s Johannesburg residences, one in Nkandla in KwaZulu-Natal and Hulley’s offices in Durban.
Zuma has been charged with two counts of corruption following the conviction of Shaik on charges related to a ”generally corrupt relationship” between the two men.
Hulley said there are no plans yet to bring any application for the charges against Zuma to be dropped.
”There are no applications pending, and there probably won’t be for the next month or so.”
The outcome of the application on the warrants should indicate the way forward, he said.
Zuma and Hulley, meanwhile, were by Wednesday still contemplating possible action against the Sunday Times newspaper for publishing rape allegations against the axed deputy president.
The newspaper reported at the weekend that Zuma was alleged to have raped a family friend at his Forest Town, Johannesburg, home on November 2.
The Star on Tuesday quoted ”impeccable sources” as confirming that a complaint had been laid at the Johannesburg family violence, child protection and sexual offences unit of the police, and was being probed.
One source reportedly described the complaint as ”flimsy, riddled with contradictions, and won’t hold water”.
The police have declined to comment on the matter. — Sapa