/ 21 December 2009

‘No special consideration’ for Shaik pardon bid

President Jacob Zuma is considering fraud convict Schabir Shaik’s application for a pardon, a spokesperson said on Monday.

Presidential spokesperson Vincent Magwenya said Shaik had applied for a pardon and it was being considered by the president.

”The president is considering a number of applications and Shaik’s is among them,” said Magwenya.

”His application is not enjoying any special consideration.”

Magwenya said there was no deadline for Zuma to make a decision.

”The president is not obligated to keep to any specific timeline. The Constitution allows him to grant a pardon when he has considered all the facts before him.”

Shaik was convicted for having a ”generally corrupt” relationship with Zuma while Zuma was deputy president. The matter related to South Africa’s arms deal with French weapons company Thint.

Shaik was sentenced to 15 years in prison and started his prison sentence in November 2006.

He was released on parole on medical grounds for being in the ”last stages of a terminal illness” in March, but a Sunday newspaper photographed him driving around and shopping in Durban during the week.

He reportedly chased after the newspaper’s photographer, swearing at him in Afrikaans. Speaking to the newspaper, Shaik demanded a ”fucking pardon”.

Rapport quoted him saying that as long as he remained a prisoner, ”other people are equally guilty”.

”Why should I ask for pardon at all? If three people were part of a so-called plot to elicit money out of the French, why are the French free, why is the president free and why is Shaik still a prisoner? Come on!” he said.

Magwenya said Shaik’s pardon application was among ”hundreds” of others, including those of former Vlakplaas commander Eugene de Kock and hundreds of Inkatha Freedom Party supporters who are still serving sentences for political violence.

He declined to comment on Shaik’s statement on why he was in prison, while the president was still free.

‘Highly questionable circumstances’
Meanwhile, civil rights group AfriForum on Sunday lodged a complaint with the Parole Board against Shaik after he was allegedly caught on camera violating his parole conditions.

”The charge that Shaik violated his parole conditions comes after the umpteenth media report that he drives around and even does shopping at times not allowed for by his conditions of parole,” said AfriForum deputy CEO Alana Bailey.

”The actions of someone who obtained parole under highly questionable circumstances should at all times remain above suspicion. In Shaik’s case, we see exactly the opposite,” Bailey said.

She said at a time when crime was rampant and criminals appeared to show no regard for the law, it was important that strict action was taken against any person who violated parole conditions.

”This will reiterate that no-one is above the law.”

In its submission to the parole board, AfriForum emphasised that it was essential for the maintenance of the supreme authority of the law that firm action be taken against Shaik if it were to be found that he had indeed violated his parole conditions. — Sapa