Corrupt relationship between Shaik and Zuma existed – SCA

‘The quote is to be found only in the introduction to the court\'s subsidiary civil judgment on the forfeiture of Shaik\'s assets,’ the office of the SCA Registrar said. Durban High Court Judge Hilary Squires has denied using the phrase concerned to describe the relationship between Shaik and former Deputy President Jacob Zuma. Last week, the SCA dismissed Shaik\'s appeal against his fraud and corruption convictions. A ruling was also made on an appeal related to the seizure of Shaik\'s assets. The SCA points out that the trial court found in the context of the corruption charges that the evidence established ‘a “mutually beneficial symbiosis” between Mr Shaik and Mr Zuma’. It added: ‘The quoted words, incorrectly and regrettably ascribed to the trial judge, are consistent with the passage quoted above and appropriately summarise what the SCA found.’ The Bloemfontein court said the trial court\'s view of the ‘symbiosis’ between Zuma and Shaik was confirmed by the SCA in various parts of its judgment which ultimately conveyed that on the evidence in the case an overall corrupt relationship existed. Full report on the IoL site

In any event, Squires’ denial of the use of the words has no legal implications, said the National Prosecuting Authority (NPA) yesterday. NPA spokesperson Makhosini Nkosi is quoted in a report on the Mail & Guardian Online site as saying: ‘As far as the NPA is concerned, Judge Squires\' comments have no legal implications for any former, current or future criminal matters whatsoever. The SCA’s November 6 2006 pronouncement is the final authority on this matter. Any future NPA decision in this regard will be guided by the decision of the SCA.’ Full Mail & Guardian Online report

But it hasn’t stopped Cosatu calling for the resignation of the SCA judges who turned down Shaik’s appeal. It claims they misrepresented the findings of the trial judge and damaged the former Deputy President in the process. ‘Instead of going through Squires’ judgment line by line, the Supreme Court merely parroted newspaper editorials. The five of them clearly must go. If they can do this in such a high profile case, imagine what they do to ordinary, poor people,’ said Cosatu General Secretary Zwelinzima Vavi. Vavi was to table a Secretary’s Report to the federation’s six national office-bearers yesterday, asking them to back a demand for the resignation or impeachment of the judges. Zuma’s close allies and aides are now more adamant in their view that the politician would not get a fair hearing in a new corruption trial. ‘If five eminent judges can be misled by the media, how will a single high court judge not be influenced?’ said Vavi. Full Business Day report

Cosatu’s call is ‘disingenuous and contemptuous of the rule of law and our courts’, argues Sheila Camerer, justice spokesperson for the DA, in a Moneyweb report. Camerer says that whether Squires actually used the phrase ‘generally corrupt relationship’ when referring to the relationship between Shaik and Zuma or not, ‘the judgment handed down…clearly indicates that this was the case’. Camerer refers to the fact that for every corruptor to be convicted of corruption, there must be a corruptee. She complains that Vavi’s statement confuses description and substance, because regardless of who first coined the phrase, ‘it describes what actually went on between Shaik and Zuma, the details of which were revealed in Shaik’s court case’. Full Moneyweb report

Cosatu, meanwhile, says it has apologised to Squires about comments made about him and his judgment of Shaik. Spokesperson Patrick Craven said they had been based on ‘false media reports which put these words into his mouth’. Cosatu also called on the media to ‘follow suit and apologise for the damage their misreporting of the judge\'s words had inflicted on the people involved, especially Jacob Zuma‘. Full report on the News24 site