Will the Qur’an save Schabir Shaik?

Convicted Durban businessperson Schabir Shaik is expected to tell the Constitutional Court that the teachings of the Qur’an led to him to make 238 payments amounting to more than R1,2-million to Jacob Zuma.

The payments were a key element of Shaik’s financial relationship with Zuma, ruled as corrupt by both High Court Judge Hilary Squires and the Supreme Court of Appeal.

In his Constitutional Court appeal — his last legal remedy — he is expected to argue that the payments were made out of loyalty to and friendship with Zuma and that he acted out of the African concept of Ubuntu and his Islamic beliefs.

Shaik is appealing against his conviction on two counts of corruption and one of fraud and the 15-year jail term imposed by the High Court.

The Mail & Guardian has learned that he will plead that he made interest-free loans out of reciprocal altruism prescribed by Islam.

Durban attorney Mohammed Moolla, a spokesperson for the Muslim body Hajjwatch, told the M&G that the Holy Qur’an encourages altruism and calls for debts to be written off if the debtor cannot repay.

‘This is argued in Verse 280, Surah number two of the Holy Qur’an, which reads: ‘If the debtor is in difficulty, grant him time until it is easy for him to repay. But if ye remit it by way of charity, that is best for you if you only knew.’”

Shaik’s fraud conviction relates to the consolidation and writing off of loans totalling R1,2-million, including R268 775 of the money paid to or on behalf of Zuma for development costs incurred in the set-up of the Prodiba (licence card) project in 1998.

Shaik is expected to argue that his financial assistance was an extension of a friendship dating back to exile, and that similar relationships existed between other businesspeople and ANC politicians before and after 1994.

He will say that the law should not disregard the values and traditions of South Africa’s African majority.

There are rumours in some circles in KwaZulu-Natal that the Shaik family could reveal the names of other ANC politicians to whom they made payments without expecting a reward.

Shaik’s brother Mo told the M&G it was common cause that ANC politicians returning from exile, including multimillionare Tokyo Sexwale, were once bankrupt and lacked the qualifications and work experience to find employment.

Between 1990 and 1994 returning exiles were sheltered in the homes of businesspeople who had funded ANC missions in exile.

It was revealed during Shaik’s corruption trial that he paid for Zuma’s car and vehicle tyres, settled school fees for his children, clothed him and even gave him pocket money.

Such financial assistance was adduced by the prosecution as evidence of Zuma’s dependence on Shaik, which could have compelled him to use the power of his office to benefit Shaik and his Nkobi group.

‘It was in fact a reflection of the difficulties experienced by politicians returning to a country empty-handed with no money granted to them to rebuild their lives,” said Mo, who added that ‘Inziles” had always assisted activists in exile, ‘be it paying for their children’s school fees, buying a car and other expenses.

‘What must be understood is that freedom fighters returned to South Africa with absolutely nothing and friendships such as the one Schabir has with Zuma were important to help them find their feet.”

Shaik will also argue that the state’s failure to try him with Zuma and French arms company Thint, from which Shaik allegedly solicited a R500 000 annual bribe for Zuma, amounted to a violation of his right to a fair trial.

He is expected to repeat the argument used in other hearings that he is the victim of a political conspiracy against Zuma.

Zuma celebrates good times

Jacob Zuma is to mark the end of 2006 — a year of shifting fortunes for him — with a series of Christmas feasts, writes Zukile Majova.

After dodging jail twice this year, Zuma has cause to celebrate. Also in 2006, the Durban High Court ruled that a Scorpions search and seizure operation at his Johannesburg home was unlawful.

But storm clouds gathered at year-end, with the rejection of Schabir Shaik’s appeal and reports that the National Prosecuting Authority is reformulating corruption charges against the ANC deputy president. Evidence collected during the Scorpions raid was incorporated into an audit report which may prove crucial if he is recharged.

Zuma kicked off the jamboree season last weekend by slaughtering two bulls for the elderly at his Nkandla home in northern KwaZulu-Natal. His Christmas roistering will culminate with the slaughter of about 10 beasts and a massive feast for hundreds of children orphaned by years of faction fighting in his home district.

The pupils are beneficiaries of the Jacob Zuma Education Fund, which he set up with KwaZulu-Natal’s economic affairs minister by using a discretionary ministerial fund.

A source close to his family said: ‘Zuma will be thanking ancestors of the Nxamalala tribe for watching over him and thousands of supporters for standing behind him through two trials from which he emerged victorious. He will also be thanking various religious groups for their prayers.”

Since his return from exile Zuma’s Christmas celebrations have usually kicked off with dinners with children of fallen comrades, and visits to the widow and family of South African Communist Party stalwart Moses Mabhida, who died in exile and was recently reburied in Pietermaritzburg.

He gives presents to the Mabhida family and stages a children’s party, scheduled this year for December 29.

Zuma’s backers are keenly aware of the coming storm. Last week, Congress of South African Trade Unions general secretary Zwelinzima Vavi, a fervent Zuma loyalist, warned that renewed efforts to indict the ANC deputy president would be met by the anger of the working class and the poor ‘across the length and breadth of the country”.