Shaik-Zuma's 'symbiotic' bond
2005-06-01 13:20
Durban - Payments made to deputy president Jacob Zuma by Durban businessman Schabir Shaik constituted a benefit under the definition of corruption, Judge Hilary Squires said in the city's high court on Wednesday.
"Even if regarded as loans (as claimed by the defence) the basis on which they were made would in our view constitute a benefit," the judge said in handing down judgment in Shaik's fraud and corruption trial.
Approaching the second half of his 165-page verdict, Squires painted a picture of a "mutually beneficial symbiosis" between Zuma and Shaik - who acted as the deputy president's financial adviser.
Shaik would only have made the payments if he was to get something in return, the judge said. "Generosity on this sustained scale becomes egocentric."
The payments, made through Shaik's Nkobi group of companies, were made in spite of the group's own financial difficulties. At a time when payments to Zuma totalled more than R500 000, Nkobi had nearly reached its R450 000 bank overdraft limit.
Borrowing money to give Zuma
"The group was essentially borrowing money to give to Zuma," the judge said.
He pointed to clear evidence of a readiness on Zuma's part to intervene to the benefit of Shaik's business interests, despite Nkobi appearing not to be a viable business.
Zuma got involved in Shaik's attempts to enter into joint ventures with other companies, despite evidence that any such move was likely to be a "sure failure".
"There is evidence of Shaik's readiness to turn to Zuma for help, and of Zuma's readiness to give it," the judge said.
Shaik has pleaded not guilty to two charges of corruption and one of fraud - all related to alleged irregular financial dealings involving Zuma.
Squires said it was clear that the only assistance Zuma could provide was using his political office. He was in no position to lend Shaik any money.
What had to be determined, however, was whether alleged payments made by Shaik to Zuma could be linked to the assistance the deputy president provided.
"The essential question is the existence of a causal link between the payments and the assistance. Were these the results Shaik were after?" the judge said.
- SAPA