NRI businessman in SA can appeal against sentence

An Indian-origin businessman, sentenced to various prison terms for corruption and fraud, has been permitted by a South African court to appeal against his conviction. The Supreme Court of Appeal in Bloemfontein allowed Schabir Shaik leave to appeal after Durban High Court judge Hillary Squires refused him permission against his finding that there was a "generally corrupt relationship" of the businessman with former Deputy President Jacob Zuma.

Squires only allowed Shaik to appeal against the alternative charge of corruption and fraud. Shaik had been sentenced to 15 years each on two counts of corruption and three years for fraud. Shaik's brother, Mo Shaik, said the family welcomed the Bloemfontein court decision. "We are confident that another court will come to a different finding to that by Judge Squires," he was quoted as saying by the media in Durban.

He said the appeal hearing is expected to start in August or September 2006. "We will have to appoint our lawyers and advocates to prepare for the appeal hearing." Meanwhile, legal experts say that if Shaik wins his appeal against fraud and corruption charges it would have a major bearing on the corruption trial of Zuma, who faces the same charges that Shaik was found guilty of.

"If there is no evidence different to those directed against Shaik and if Shaik wins the appeal, then this could have a major influence on Zuma's trial," said David Unterhlater of the University of the Witwatersrand.