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Shaik fails to lodge appeal
15/12/2006 18:24 - (SA)
Johannesburg - Lawyers for Durban businessman Schabir Shaik on Friday failed to lodge papers with the Constitutional Court appealing his corruption and fraud conviction and sentence.
Hearing radio reports on the possibility of papers being filed, court officials kept the general office open an extra half-hour to 16:00.
However, it had received nothing from Shaik's lawyers by the end of the day - not even an indication that they intended filing.
Shaik was convicted on two counts of corruption and one of fraud by Judge Hilary Squires in Durban High Court in July 2005 and was sentenced to 15 years in jail - a verdict upheld by a full bench of the Supreme Court of Appeal on November 6.
At the end of last month, the National Prosecuting Authority (NPA) said it had received a letter from Shaik's legal team giving notice of his intention to challenge the finding in the Constitutional Court.
"I can confirm that we have received a letter, but I can't get into the details of the letter," said NPA spokesperson Makhosini Nkosi.
However, nothing was received by the Constitutional Court.
Deadline missed
Earlier on Friday, Shaik's lawyer Reeves Parsee said he hoped to have lodged the appeal with the Constitutional Court by the end of the day.
"We are finalising the documentation and we hope to submit it today," he said.
He declined to give any details of the appeal.
Had the papers been couriered rather than hand-delivered, the court would still be able to receive them only on Monday, at the soonest, an official said as he closed up for the day.
Shaik had 14 days from the overturning of his appeal to lodge a challenge with the Constitutional Court.
Although he missed the deadline, he may still apply for condonation of a late filing.
This requires providing the reasons why the filing was late - which could include the availability of a typed transcript of court proceedings, or the studying of the transcript.
There is no deadline on applications for condonation of late filings.
Shaik started serving his prison term on November 9 when he was transferred from the Westville Prison to the Qalakabusha Prison, in Empangeni.
He had to be treated for hypertension when he arrived and reportedly had a stroke on November 25, necessitating his admittance to St Augustine's Hospital in Durban.
- SAPA
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