Schabir Shaik
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Schabir Shaik is a South African businessman from
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, who rose to prominence due to his close association with former South African President
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...
during Zuma's time as Deputy President. On 2 June 2005, he was found guilty of
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
and fraud, which also led to Zuma's dismissal by then President
Thabo Mbeki Thabo Mvuyelwa Mbeki KStJ (; born 18 June 1942) is a South African politician who was the second president of South Africa from 14 June 1999 to 24 September 2008, when he resigned at the request of his party, the African National Congress (ANC ...
.


Early life

A South African of Indian origin, Shaik studied
electrical engineering Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems which use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the l ...
at the M.L. Sultan Technikon. He had a long-standing friendship with
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...
, who needed assistance with his finances after returning from political
exile Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suf ...
in
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in 1990. Zuma had been elected Chairperson of the
African National Congress The African National Congress (ANC) is a social-democratic political party in South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when the first post-apartheid election install ...
, and Shaik assisted him financially, mostly in the form of interest-free loans with no date of repayment. On 27 February 1995, Shabir Shaik established a company known as Nkobi Holdings, using the family name of the late ANC Treasurer Thomas Nkobi, without consent and approval of the Nkobi family. Nkobi Holdings was initially wholly owned by Shaik. The shareholding went through various permutations subsequently, however Shaik was at all relevant times a director of, and exercised effective control over, all the corporate entities within the Nkobi group. In 1994 he failed in an effort that would have seen
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n partners paying off the ANC's huge R 40 million
overdraft An overdraft occurs when something is withdrawn in excess of what is in a current account. For financial systems, this can be funds in a bank account. For water resources, it can be groundwater in an aquifer. In these situations the account is s ...
, which was taken out in preparation for the 1994 general election. His brother, Chippy Shaik, was in charge of arms acquisition at the
Department of Defence Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
, which allowed Shaik to bid on a lucrative contract to supply
Valour class patrol corvettes The ''Valour'' class is a class of frigates built for the South African Navy. Part of the MEKO family of warships, the German shipbuilder Blohm+Voss officially designate the class as the MEKO A-200SAN. Designed as a multiple purpose, multi capab ...
to the
South African Navy The South African Navy (SA Navy) is the naval warfare branch of the South African National Defence Force. The Navy is primarily engaged in maintaining a conventional military deterrent, participating in counter-piracy operations, fishery pro ...
. On 21 May 1996, Nkobi Holdings and the French
defence contractor The arms industry, also known as the arms trade, is a global industry which manufactures and sells weapons and military technology. It consists of a commercial industry involved in the research and development, engineering, production, and ser ...
Thomson-CSF Thomson-CSF was a French company that specialized in the development and manufacture of electronics with a heavy focus upon the aerospace and defence sectors of the market. Thomson-CSF was formed in 1968 following the merger of Thomson-Houst ...
went into a joint venture as Thomson Holdings, a South African company. It tendered for various contracts, among which the upgrading of Durban International Airport, a national identity card, road projects for the N3 and N4 highways, the third
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network, and
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technology. A company called Kobitech which is part of the Nkobi Holdings group, was initially a one-third shareholder in a consortium (under the name Prodiba) to produce the South African
driving licence A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a publi ...
card. The first card was produced on 2 March 1998, a contract that was initially awarded for 5 years, later extended and then renewed for another 5-year period ending on 28 March 2009. During the second half of 2007 Kobitech sold their share in Prodiba to one of the remaining shareholders, Face Technologies.


Fraud and corruption

Shaik was put on trial for
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
and
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
at the Durban High Court from 11 October 2004. During the course of the trial, Shaik admitted that he falsified his qualifications and business achievements. The trial ended on 4 May 2005, with Judge
Hilary Squires Hilary Gwyn Squires (1933 – 2019) was a South African judge and barrister, who was brought in to preside over the Schabir Shaik fraud and corruption trial in Durban, South Africa, so as not to tie up legal proceedings elsewhere while the trial ...
delivering his verdict on 2 June. Shaik was found guilty on two counts of corruption and one count of fraud, with judge Squires stating in his 165-page verdict that there was "overwhelming" evidence of a corrupt relationship between Shaik and Zuma. The fraud charge related to testimony by Ahmed Paruk, Shaik's auditor, that Shaik held a meeting with him and Shaik's financial manager, where it was agreed that false
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entries be made to alter Nkobi Holdings'
financial statements Financial statements (or financial reports) are formal records of the financial activities and position of a business, person, or other entity. Relevant financial information is presented in a structured manner and in a form which is easy to un ...
. The second corruption charge relates to alleged attempts to solicit a bribe to Zuma from Thomson CSF. On 8 June 2005 he was
sentenced Sentenced was a Finnish gothic metal band that played melodic death metal in their early years. The band formed in 1989 in the town of Muhos and broke up in 2005. History Early years (1988–1991) Sentenced started in 1988 as Deformity and ...
to 15 years'
imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...
on each of the two counts of corruption, as well as 3 years on the count of fraud. The sentences were to run concurrently, giving him an effective 15-year prison term. He was given leave to appeal against his sentence on 26 July; his bail was extended until then. His appeal to the Supreme Court of Appeal failed on 6 November 2006 As a consequence of the ruling, Zuma was dismissed from his post as deputy president by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Thabo Mbeki Thabo Mvuyelwa Mbeki KStJ (; born 18 June 1942) is a South African politician who was the second president of South Africa from 14 June 1999 to 24 September 2008, when he resigned at the request of his party, the African National Congress (ANC ...
on 14 June 2005. On 2 October 2007, Shaik's appeal to the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
of his conviction and sentence for corruption and fraud was turned down, with the court ruling that "An appeal against conviction and sentence does not bear any reasonable prospect of success". However, the court ruled that there might be a constitutional issue related to the seizure of assets belonging to him and his company, and granted leave to appeal on that point. The court dismissed this appeal in April 2008.


Parole

On 3 March 2009 Shaik was released on
medical parole Compassionate release is a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of "particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by t ...
, after serving two years and four months of his 15-year prison term. The head of
cardiology Cardiology () is a branch of medicine that deals with disorders of the heart and the cardiovascular system. The field includes medical diagnosis and treatment of congenital heart defects, coronary artery disease, heart failure, valvular h ...
at Inkosi
Albert Lutuli Albert John Mvumbi Luthuli ( – 21 July 1967) was a South African anti-apartheid activist, traditional leader, and politician who served as the President-General of the African National Congress from 1952 until his death in 1967. Luthuli wa ...
hospital in Durban, Professor DP Naidoo, personally discharged Shaik in December 2008 because he was considered well enough to leave. However, Shaik remained in the ward until his parole. There have been several accusations of Shaik violating the terms of his parole – including staying a
Thanda Private Game Reserve
for three nights in June 2009. The Department of Correctional Services said Shaik's
parole officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...
had given him permission to recuperate in a luxury lodge.Shaik had 'permission' to use luxury retreat
Shaik was also photographed enjoying a round of Golf as well as Smoking Cuban Cigars.''IOL''


References in popular culture

In November 2006 the South African
comic strip A comic strip is a Comics, sequence of drawings, often cartoons, arranged in interrelated panels to display brief humor or form a narrative, often Serial (literature), serialized, with text in Speech balloon, balloons and Glossary of comics ter ...
Madam & Eve ran a series of strips lampooning Shaik's arrival in prison, followed in March 2009 by a series lampooning Shaik's dismissal.


References


External links


News24 – Shaik loses appeal 02/10/2007 11:24 – (SA)


from th
Arms Deal Virtual Press Office


a special feature fro
SABCnews.com
* Other news coverage of the trial
BBC NewsIndependent OnlineMail & Guardian

Full text of the judgement


from th
Arms Deal Virtual Press Office
{{DEFAULTSORT:Shaik, Schabir South African fraudsters South African Muslims South African people of Indian descent Year of birth missing (living people) Living people Durban University of Technology alumni South African businesspeople People from eThekwini Metropolitan Municipality