/ 25 October 2006

Appeal judges still working on Shaik case

The five judges who heard the appeal of convicted Durban businessman Schabir Shaik are working non-stop on the judgement, a Supreme Court of Appeal spokesperson said on Wednesday.

”The judges are very busy finalising the judgement,” Henry Snyman said.

”There is a possibility that it could be finished towards the middle of November.”

Snyman said it was agreed between the judges and the lawyers for the state and the accused that the court would give three days’ notice of when the judgement would be read.

Assistants to the five judges have also been seen at court, which is currently in recess, helping with the paperwork in regard to the judgement.

The Appeal Court judges would be back in Bloemfontein on November 1 for the court’s fourth term, which ends on November 23.

The two most senior judges in the Supreme Court of Appeal were part of the full bench that heard Shaik’s appeal in September.

They are Judge Craig Howie, president of the court, and his deputy, Judge Lex Mpati. Also sitting were judges Piet Streicher, Mahomed Navsa and John Heher.

Thousands of court documents had been filed at the court before the appeal hearings.

During the hearings the judges heard argument on Shaik’s appeal against his conviction and 15-year sentence on a charge of corruption.

They also heard oral argument in an application for leave to appeal by Shaik against a second 15-year sentence for his ”generally corrupt relationship” with former deputy president Jacob Zuma.

The trial court in Durban refused Shaik leave to appeal against this conviction.

If the Bloemfontein judges do not grant the second appeal, Shaik could be sent to prison for 15 years — even if he wins his first appeal.

Shaik is currently out on R100 000 bail pending the outcome of the appeal. — Sapa