VZCZCXRO0488
PP RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSA #4593 3101301
ZNR UUUUU ZZH
P 061301Z NOV 06
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC PRIORITY 6749
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHLO/AMEMBASSY LONDON 1069
RUEHFR/AMEMBASSY PARIS 0958
RUEAIIA/CIA WASHINGTON DC
RHEHNSC/NSC WASHDC
RUEKDIA/DIA WASHINGTON DC

UNCLAS PRETORIA 004593 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR AF, AF/S 
NSC FOR SENIOR AFRICA DIRECTOR 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PINR KJUS SF
SUBJECT: SHAIK APPEALS UNANIMOUSLY DISMISSED 
 
REF: A. PRETORIA 4489 AND PREVIOUS 
 
     ¶B. 05 PRETORIA 2176 
 
This message is Sensitive But Unclassified.  Not for Internet 
distribution. 
 
¶1.  (SBU) On 6 November, the Supreme Court of Appeal 
unanimously rejected Schabir Shaik's appeals against his June 
2005 fraud and corruption charges, almost guaranteeing that 
Shaik will begin his 15-year prison term within the next 72 
hours. (Note: Shaik was sentenced to 15 years in prison on 
each of two corruption counts, and another three years for 
fraud, all of which will be served concurrently.)  On 3 
November, Shaik told a Johannesburg radio station that he was 
ready to face jail.  Shaik's only remaining option is to 
appeal to the Constitutional Court, which is unlikely given 
that no constitutional issue has been raised in any of the 
legal disputes to date. 
 
¶2.  (U) Judge Craig Howie, President of the Court, announced 
that on the first corruption count which involved a 
"generally corrupt relationship" with former Deputy President 
Jacob Zuma, the court found that "in light of the 
evidence...we find the payments were corrupting money to 
influence Mr. Zuma to act in conflict with his Constitutional 
duties and thereby advance Mr. Shaik's and his group's 
interest."  On the second charge of corruption, Judge Howie 
announced that Shaik's conviction stands since the damaging 
encrypted fax was in fact admissable.  As for the fraud 
charges, which relate to Shaik's elaborate attempts to hide 
payments to Zuma, Judge Howie only said that Shaik was 
correctly convicted.  The full text of the Court's judgment 
is expected to be released shortly. 
 
¶3.  (SBU) COMMENT:  Shaik's failure to win any of his appeals 
opens the door for the National Prosecuting Authority to 
refile corruption charges against Zuma (Ref A).  Even if 
charges are filed in the coming weeks, it is unlikely the 
trial could commence prior to the High Court's 
December-January holiday recess.  Zuma therefore faces a 
strong probability that both his corruption trial and the ANC 
Presidential succession race will unfold simultaneously.  END 
COMMENT. 
BOST