Shaik appeal: 5 judges named
2006-04-24 08:03
Johannesburg - Appeal Court president Judge Craig Howie and his deputy, Judge Lex Mpati, will be on the full Bench of five to hear businessman Schabir Shaik's appeal later this year.
The other three are Judge Piet Streicher, Judge Mahomed Navsa and Judge John Heher.
The appeal is expected to be heard in August or September.
The five judges will have to rule on the appeal that not only will decide whether Shaik must go to jail, but also will spark worldwide interest because of Shaik's close ties with former deputy president Jacob Zuma.
Court documents totalling thousands of pages have been handed in to the Appeal Court. The State, which will oppose the appeal, has not yet filed its documents.
The Durban businessman was found guilty in 2005 on two charges of corruption and one of fraud, and sentenced to an effective 15 years' imprisonment.
Shaik was sentenced to an effective 15 years' in prison on each of two corruption counts, and another three years for fraud. The sentences were to run concurrently.
Payments exceeding R1.2m
Judge Squires however, refused Shaik permission to appeal against his conviction on the first corruption charge, which involves a "generally corrupt relationship" with former deputy president Jacob Zuma, and payments exceeding R1.2m made to the politician.
The judges will have two tasks.
The first would be to rule on an appeal by Shaik against his conviction and sentence on a charge of corruption as handed down by Judge Hilary Squires in Durban High Court.
The second is to decide on whether Shaik can appeal against a second conviction of "a generally corrupt relationship" with Zuma.
Neither Squires, nor the Appeal Court has yet granted leave for Shaik to appeal against this conviction. The appeal judges first wanted to hear oral argument about the application to appeal.
If they do not grant the appeal, Shaik will be sent to prison for 15 years, even if he successfully appealed against the other charge of corruption.