Quote of the week

The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.

State Capture Commission Report
Volume 4, Part IV
11 April 2018

S v Shaik

Not only was that evidence exhaustively examined and weighed by the trial court but it is clear in the overall picture that the underlined words were in the nature of an understatement. One finds elsewhere in the judgment, when specific issues were resolved in favour of the State, passages in which his evidence was unmistakably said to be rejected as false. Obviously there was much in his evidence that was not only believable standing alone but there were parts that were supported by documentary evidence or circumstance. The real issue on this count is whether it is a reasonable inference (not just a possible inference) that the payments made to Zuma or on his behalf were prompted by friendship, or were just loans, and in neither event made with the criminal intent alleged in the charge. In that regard Shaik’s credibility is crucial. Having deliberated painstakingly, the trial court rejected Shaik’s evidence on that issue and held that the inference referred to was not a reasonable one and could therefore be ruled out.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest