IN THE HIGH COURT OF SOUTH AFRICA
(NATAL PROVINCIAL DIVISION)
In the matter of: THE STATE
versus
1.

JACOB GEDLEYIHLEKISA ZUMA

2.

THINT HOLDING (SOUTHERN AFRICA) (PTY) LTD
(formerly known as Thomson-CSF Holding (Southern Africa) (Pty) Ltd)
(hereinafter also referred to as Thomson Holdings)
(as represented by Pierre Jean-Marie Robert Moynot)

3.

THINT (PTY) LTD
(formerly known as Thomson-CSF (Pty) Ltd)
(hereinafter also referred to as Thomson (Pty))
(as represented by Pierre Jean-Marie Robert Moynot)

(hereinafter also referred to as the accused)

INDICTMENT

The State alleges that the accused are guilty of the following crimes :
COUNT 1:

RACKETEERING in contravention of Section 2(1)(e) read
with Sections 1, 2(2) and 3 of the Prevention of Organised
Crime Act, No. 121 of 1998, as amended:
Whilst employed by or associated with any enterprise,
conducts or participates in the conduct, directly or
indirectly, of such enterprise’s affairs through a pattern
of racketeering activities.
(Accused 1 to 3)

 2

COUNT 2:

CORRUPTION in contravention of section 1(1)(b) read with
section 1(2) and 3 of the Corruption Act, No. 94 of 1992.
(In terms of section 156 of Act 51 of 1977 only in respect of
accused 1)

In the alternative (as separate counts)
SUBCOUNT 1:

CORRUPTION in contravention of section 1(1)(b) read with
section 1(2) and 3 of the Corruption Act, No. 94 of 1992. (In
respect of the period 25 October 1995 to 26 April 2004)

SUBCOUNT 2:

CORRUPTION in contravention of section 3(a) read with
sections 1, 2, 21, 24, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004. (In
respect of the period 27 April 2004 to 1 July 2005)
Alternatively to subcount 2:
RECEIVING AN UNAUTHORISED GRATIFICATION BY A
PERSON

WHO

IS

PARTY

TO

AN

EMPLOYMENT

RELATIONSHIP in contravention of section 10(a) read with
sections 1, 2, 21, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004. (In
respect of the period 27 April 2004 to 14 June 2005)
COUNT 3:

CORRUPTION in contravention of section 1(1)(a) read with
section 1(2) and 3 of the Corruption Act, No. 94 of 1992.
(In terms of section 156 of Act 51 of 1977 only in respect of
accused 2 and 3)

In the alternative (as separate counts)

 3

SUBCOUNT 1:

CORRUPTION in contravention of section 1(1)(a) read with
section 1(2) and 3 of the Corruption Act, No. 94 of 1992. (In
respect of the period 25 October 1995 to 26 April 2004)

SUBCOUNT 2:

CORRUPTION in contravention of section 3(b) read with
sections 1, 2, 21, 24, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004. (In
respect of the period 27 April 2004 to 1 July 2005)
Alternatively to subcount 2:
GIVING AN UNAUTHORISED GRATIFICATION TO A
PERSON

WHO

IS

PARTY

TO

AN

EMPLOYMENT

RELATIONSHIP in contravention of section 10(b) read with
sections 1, 2, 21, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004. (In
respect of the period 27 April 2004 to 14 June 2005)
COUNT 4:

CORRUPTION in contravention of section 1(1)(b) read with
section 1(2) and 3 of the Corruption Act, No. 94 of 1992.
(In terms of section 156 of Act No. 51 of 1977 only in respect
of accused 1)

COUNT 5:

CORRUPTION in contravention of section 1(1)(a) read with
section 3 of the Corruption Act, No. 94 of 1992.
(In terms of section 156 of Act No. 51 of 1977 only in respect
of accused 2 and 3)

COUNT 6:

MONEY LAUNDERING in contravention of section 4, read
with sections 1 and 8 of the Prevention of Organised Crime
Act, No. 121 of 1998
(Accused 1 to 3)

 4

In the alternative
ACQUISITION, POSSESSION OR USE OF PROCEEDS
OF UNLAWFUL ACTIVITIES in contravention of section 6,
read with sections 1 and 8 of the Prevention of Organised
Crime Act, No. 121 of 1998
COUNT 7:

FRAUD
(In terms of section 156 of Act No. 51 of 1977 only in respect
of accused 1)

COUNT 8:

FRAUD
(In terms of section 156 of Act No. 51 of 1977 only in respect
of accused 1)

COUNT 9:

FRAUD
(In terms of section 156 of Act No. 51 of 1977 only in respect
of accused 1)

COUNTS 10-18:

FRAUD (9 COUNTS)
(In terms of section 156 of Act No. 51 of 1977 only in respect
of accused 1)
In the first alternative
MAKING

FALSE

STATEMENTS

IN

INCOME

TAX

RETURNS in contravention of Section 104(1)(a), read with
Section 66 of the Income Tax Act, No. 58 of 1962,
In the second alternative

 5

FAILING TO SHOW GROSS INCOME OR MATERIAL
FACTS IN TAX RETURNS in contravention of Section
75(1)(c) read with Sections 1 and 66 of the Income Tax Act,
No. 58 of 1962.

 6

CHAPTER 1:

GENERAL PREAMBLE

WHEREAS :
A. THOMSON-CSF/THALES/THINT GROUP
The Group
1.

The French Thomson-CSF (hereinafter referred to as Thomson-CSF)
group of companies has global industrial interests, including interests
in the international arms industry.

2.

Thomson-CSF was later renamed the Thales group of companies.

3.

Thomson-CSF International (France), which later became Thales
International, is a division within the Thomson-CSF group.

4.

Thomson-CSF International was headed at all relevant times by JeanPaul Perrier (hereinafter referred to as Perrier).

5.

Thales International in its turn had a subsidiary Thales International
Africa Ltd (Mauritius).

6.

Thales International Africa was headed at all relevant times by Yann
Leo Renaud de Jomaron (hereinafter referred to as de Jomaron).

Thint Holdings (Accused 2)
7.

On 21 May 1996, Thomson-CSF Holding (Southern Africa) (Pty) Ltd
was incorporated in South Africa to promote the development of South
African industry by entering into joint ventures.

 7

8.

Thomson Holdings had an authorized share capital of 100 ordinary
shares at a nominal value of R1000.00 per share. On 27 May 1996, 85
shares were issued to Thomson-CSF (France), 10 shares to Nkobi
Investments (see below) and 5 shares to Gestilac SA (Switzerland).
On 9 June 1998, the authorised share capital was increased with 17
000 1% redeemable non-cumulative preference shares at R1 000.00
per share and 14 450 shares were issued to Thomson-CSF (France).
On 26 July 1999, Gestilac SA transferred its 5 ordinary shares in
Thomson

Holdings

to

Thomson-CSF

(France)

for

$1 000.00

(R6 145.00). On 27 July 1999, Thomson-CSF (France) transferred its
90 ordinary shares to Thomson-CSF International (France) for R90
701.98. The effect of these transactions was that Thomson-CSF
International (France) and Nkobi Investments became the only
shareholders in Thomson Holdings.
Also on 27 July 1999 Thomson-CSF (France) transferred 14 450
preference shares to Thomson-CSF International (France) for R14 554
679.00.
On 29 September 1999, the authorised share capital was increased
with 22 412 ordinary shares at R1 000.00 per share. On 29 September
1999, 22 412 ordinary shares were issued to Thomson-CSF
International (France). On 30 July 1999, Nkobi Investments transferred
its 10 ordinary shares to Thomson-CSF International (France) for
R500 000.00. The effect of this transaction resulted in Thomson
Holdings being wholly owned by Thomson-CSF International (France).
On 4 April 2001, Thales International (formerly Thomson-CSF
International), transferred 22 512 ordinary shares and 14 450
preference shares to Thales International Africa Ltd (Mauritius), the
latter company thereby replacing the former as sole shareholder of
Thomson Holdings.

 8

9.

Thomson Holdings changed its name to THINT Holding (Southern
Africa) (Pty) Ltd on 23 October 2003.

10.

Schabir Shaik (hereinafter referred to as Shaik) was a director from the
date of incorporation in 1996 to 30 September 1999, when he resigned
from the board.

11.

Alain Thétard (hereinafter referred to as Thétard) was appointed as a
director on 1 April 1998. Thétard resigned from the board on 30
January 2002.

12.

Pierre Jean-Marie Robert Moynot (hereinafter referred to as Moynot)
was a director from the date of incorporation in 1996 to 1 April 1998,
when he resigned from the board. He was re-appointed as a director
on 1 October 2002 and he remains as such.

Thint (Pty) (Accused 3)
13.

On 16 July 1996 Thomson-CSF (Pty) Ltd was incorporated in South
Africa, also to promote the development of South African industry by
entering into joint ventures.

14.

Thomson Holdings has been the majority shareholder and Nkobi
Investments the minority shareholder since 1 August 1996 when 70
shares were issued to Thomson Holdings and 30 to Nkobi
Investments. On 16 September 1999 the share capital was increased
and on 29 September 1999 shares were issued to Thomson Holdings
and Nkobi Investments to cause Thomson Holdings to become the
owner of 75% and Nkobi Investments 25% of Thomson (Pty).

 9

15.

Thomson (Pty) changed its name to THINT (Pty) Ltd on 19 August
2003.

16.

Shaik was a director since the date of incorporation in 1996 to 13 June
2005 when he resigned from the board.

17.

Thétard was appointed as a director on 1 April 1998 and resigned on
30 January 2002.

18.

Moynot was a director from the date of incorporation in 1996 to 1 April
1998, when he resigned from the board. He was re-appointed as a
director on 16 January 2004 and he remains as such.

B. THE NKOBI GROUP
Nkobi Holdings
19.

Nkobi Holdings (Pty) Ltd was registered on 27 February 1995 as a
holding company.

It was initially wholly owned by Shaik. The

shareholding subsequently went through various permutations. Shaik
has an effective majority shareholding in Nkobi Holdings, through his
interests in the following shareholders of Nkobi Holdings, namely Star
Corp SA (Pty) Ltd, Clanwest Investments (Pty) Ltd and Floryn
Investments (Pty) Ltd.
20.

Nkobi Holdings’ only investment is Nkobi Investments.

21.

Floryn Investments is ostensibly wholly owned by Shaik. He initially
intended to hold the shares as nominee or cedent for the African
National Congress, which would have made the latter, from the point of

 10

view of Shaik and/or the Nkobi group, a 10% shareholder in Nkobi
Holdings.
Nkobi Investments
22.

Nkobi Investments (Pty) Ltd was registered on 24 February 1995 as an
investment company.

It was initially wholly owned by Shaik.

The

shareholding went through various permutations until, on 20 August
1998, Nkobi Holdings became the sole shareholder.
23.

As described above, Nkobi Investments had an initial minority
shareholding in Thomson Holdings. In addition it had, and continues to
have, a minority shareholding (25%) in Thomson (Pty).

Other relevant corporate entities within the Nkobi group
24.

The following companies are all entities within the Nkobi group, being
100% owned by Nkobi Investments. (There are a number of other
entities within the Nkobi group.)
a.

Kobifin (Pty) Ltd

b.

Kobitech (Pty) Ltd

c.

Proconsult (Pty) Ltd

d.

Pro Con Africa (Pty) Ltd

e.

Kobitech Transport Systems (Pty) Ltd

Other relevant corporate entities
25.

Shaik was the sole shareholder and a director of Clegton Investments
(Pty) Ltd.

 11

26.

Shaik was the majority shareholder and sole director of Chartley
Investments (Pty) Ltd.

Control of the Nkobi group and other relevant entities
27.

Shaik was at all relevant times a director of, and exercised effective
control over, all the corporate entities within the Nkobi group and the
other relevant corporate entities mentioned above (Floryn Investments
(Pty) Ltd, Clegton Investments (Pty) Ltd and Chartley Investments
(Pty) Ltd).

C. AFRICAN DEFENCE SYSTEMS (PTY) LTD
28.

African Defence Systems (Pty) Ltd (hereinafter also referred to as
ADS) was first registered in 1967 under another name. After a history
of various owners, Thomson-CSF (France) acquired 7 000 001 shares
on 14 April 1998, to become a joint shareholder (50% plus one share)
with Allied Technologies Ltd. On 19 February 1999 Allied Technologies
Ltd transferred its shareholding in ADS to Thomson-CSF (France). On
9 June 1999 Thomson-CSF (France) transferred its shareholding in
ADS to Thomson-CSF International (France). On 15 September 1999
Thomson-CSF International (France) transferred its shareholding in
ADS to Thomson (Pty) (80%) and FBS Holdings (Pty) Ltd (20%).

D. ZUMA (ACCUSED 1)
29.

During the period relevant to this indictment, accused 1 held several
high-ranking offices both in the provincial and national executive and in
the ANC. Accused 1, by virtue of the various offices he held, had the
powers, both formal and de facto and/or duties attendant to such

 12

offices. While it is not possible to comprehensively define these powers
and duties, they included at least the various powers and duties set out
below.
MEC for Economic Affairs and Tourism in KZN (May 1994 to 17
June 1999)
30.

Accused 1 was a member of the KwaZulu-Natal (KZN) legislature and
the Minister of Economic Affairs and Tourism for the Province of
KwaZulu-Natal from May 1994.

31.

As such, accused 1 was clothed in the powers of a member of the
provincial Parliament (MPP) and provincial executive (MEC) inter alia
as set out in section 125 of the Constitution of the Republic of South
Africa, 1996 (the Constitution) and the corresponding provisions of Act
200 of 1993 (the Interim Constitution) as well as powers specifically
conferred upon him by the Premier of the province in terms of section
132 (2) of the Constitution. These powers included attending
meetings, being privy to the discussions of and participating in the
decision-making processes of the Provincial Executive Council. He
also exercised political authority over the KZN Department of
Economic Affairs and Tourism, which included the determination of
departmental policy and confirming the appointment of certain
departmental officials. He was accordingly, by virtue of his office, in a
position to exercise considerable influence in the affairs of the
department.

32.

Less formally, accused 1 had inter alia the power to compose and
dispatch correspondence on official ministerial letterhead carrying the
weight of his office and generally to influence both local and foreign
businessmen and companies intent upon doing business in KZN.

 13

33.

Both the interim and final Constitutions imposed certain duties upon
accused 1 by virtue of his office as an MEC of a province. In terms of
section 149 of the Interim Constitution accused 1 may not have(8) taken up any other paid employment, engaged in any activities
inconsistent with his membership of the Executive Council, or
exposed himself to any situation which carried with it the risk of a
conflict between his responsibilities as a member of the Executive
Council and his private interests; or
(9) used his position as such to enrich himself or any other person.

34.

In terms of section 136 of the (final) Constitution accused 1 may not
have(a) undertaken any other paid work;
(b) acted in any way that was inconsistent with his office, or exposed
himself to any situation involving the risk of a conflict between his
official responsibilities and private interests; or
(c) used his position or any information entrusted to him, to enrich
himself or improperly benefit any other person.

35.

Accused 1’s duties were further circumscribed by the Code of Conduct
contained in the Ministerial Handbook of 1994, which remained in force
until substituted by an updated version on 5 May 1999, which contains
similar provisions. In addition to explicitly compelling a Minister and/or
MEC to observe and uphold the Constitution, the Code specifically
provides inter alia that:

 14

1.2 (c) Ministers shall perform their duties in the interests of the nation
as a whole and in defence and promotion of the integrity of the
nation, avoiding measures which would prejudice the national
welfare.
1.3(a) All Ministers shall at all times observe practices that are free
from all forms of corruption and shall not use their office,
position or privileged information to distribute favours or
patronage nor to seek or obtain any personal fortune or favour.
1.3(d) Ministers shall not play any active role in profit making
institutions.
1.3(g) Ministers may only accept small gifts and gifts offered on official
occasions, provided that they have satisfied themselves that the
gifts are not being presented to influence them in an improper
manner.
Deputy President of the African National Congress (December
1997 to date)
36.

In December 1997 accused 1 was elected Deputy President of the
African National Congress (“ANC”). Prior to this he held the position of
Provincial Chairman of the ANC in KZN.

37.

In terms of Rule 16.2 of the African National Congress Constitution as
amended and adopted at the 50th National Conference in December
1997, the duties and functions of the Deputy President are described
as follows:
“The Deputy President shall assist the President, deputise for him or
her when necessary and carry out whatever functions are entrusted to

 15

him or her by the National Conference, the President or the NEC
(National Executive Committee). He or she shall be an ex-officio
member of the NWC (National Working Committee).”
38.

In terms of Rule 16.1 of the African National Congress Constitution as
amended and adopted at the 50th National Conference in December
1997, the President has, inter alia, the following duties and functions:
“…He or she shall:…
b. Make pronouncements for and on behalf of the NEC outlining and
explaining the policy or attitude of the ANC on any question…
d. Under the overall supervision of the NEC, orient and direct the
activities of the ANC.”

39.

In terms of Rule 26.3.2 of the African National Congress Constitution
as amended and adopted at the 50th National Conference in December
1997, the following shall be regarded as serious offences:
c. Behaving corruptly in seeking or accepting any bribe for performing
or for not performing any task;
d. Engaging in……abuse of office to obtain…..any other undue
advantage from members or others;
e. Abuse of elected or employed office in the organization or in the
State to obtain any direct or indirect undue advantage or
enrichment.

40.

It follows that the Deputy President of the ANC has a duty to refrain
from such activities.

 16

Deputy President of South Africa and Leader of Government
Business (17 June 1999 to 14 June 2005)
41.

Accused 1 was appointed as Deputy President of the Republic of
South Africa and a member of the National Assembly of Parliament on
17 June 1999.

42.

As Deputy President, accused 1 was in terms of section 90 of the
Constitution, clothed with the powers and functions of the President
(as set out in sections 84 and 85 of the Constitution) whenever the
latter was out of the Republic or otherwise unable to fulfill his duties. In
terms of section 91(5) of the Constitution, the Deputy President is also
responsible for assisting the President in the execution of the functions
of government and for executing any powers and functions assigned
to him by the President in terms of section 91(2).

43.

As a member of the national Cabinet, accused 1 had the power to
attend meetings and be privy to the discussions of and participate in
the decision-making processes of Cabinet.

44.

Less formally, accused 1 had inter alia the power to compose and
dispatch correspondence on official letterhead of the Presidency
carrying the weight of that office, meet with government officials and
influential persons from countries around the world and generally to
exercise the influence attendant upon the holder of the second highest
office in the government of this country.

45.

The Constitution imposed certain duties upon accused 1 by virtue of
his office as a member of the cabinet. In terms of section 96(2) of the
Constitution, accused 1 may not have(a)

undertaken any other paid work;

 17

(b)

acted in any way that was inconsistent with his office, or exposed
himself to any situation involving the risk of a conflict between his
official responsibilities and private interests; or

(c)

used his position or any information entrusted to him, to enrich
himself or improperly benefit any other person.

46.

The Code of Conduct in Regard to Financial Interests, as adopted by
the Joint Meeting of the Rules Committees of the National Assembly
and the Senate on 21 May 1996, applied to him in his capacity as a
member of the National Assembly. In terms of paragraph 1.1 of the
Code, accused 1 was duty bound to maintain the highest standards of
propriety to ensure that his integrity and that of the political institutions
in which he served were beyond question. In terms of paragraph 1.2,
accused 1 was duty bound not to have placed himself in a position
which conflicts with his responsibilities as a public representative in
Parliament, nor may he have taken any improper benefit, profit or
advantage from the office of Member. He was also duty bound to
disclose to the Registrar of Members Interests all registrable financial
interests, including outside remuneration, gifts and hospitality and any
other benefit of a material nature.

47.

Accused 1’s duties were further circumscribed by the Code of Conduct
contained in the Ministerial Handbook of 5 May 1999, which contains
provisions similar to those set out in paragraph 35 above. This Code of
Conduct circumscribed the conduct of Ministers until replaced by the
Executive Ethics Code of 2000.

48.

The Executive Ethics Code of 2000 promulgated in terms of section
2(1) of the Executive Members Ethics Act, No. 82 of 1998 applied to
accused 1 in his capacity as Deputy President and member of

 18

Cabinet. It too imposed a duty on accused 1 to maintain the highest
standards of ethical propriety and expanded on his constitutional
duties by prohibiting him from, inter alia:
(a)

willfully misleading the legislature;

(b)

undertaking any other paid work;

(c)

acting in any way that is inconsistent with his office;

(d)

exposing himself to any situation involving the risk of a conflict
between his official responsibilities and his private interests;

(e)

using his position or any information entrusted to him, to enrich
himself or improperly benefit any other person; or

(f)

acting in a way that may compromise the credibility or integrity of
his office or of the government.

49.

The Executive Ethics Code furthermore imposed a duty on accused 1
to disclose the same financial interests to the Secretary of Cabinet as
he was obliged to disclose to Parliament and, in addition, to disclose
his liabilities.

50.

In June 1999 accused 1 was also appointed Leader of Government
Business in the National Assembly of Parliament in terms of section
91(4) of the Constitution. His functions included acting as a link
between the executive and parliament and ensuring that legislation
emanating from the executive reached parliament on time.

 19

E. ACCUSED 1’S BENEFIT FROM SHAIK, THE NKOBI GROUP, THINT AND
OTHER RELEVANT ENTITIES
General Corruption
51.

Accused 1 to 3, Shaik and the companies comprising the Nkobi group
(“the Nkobi Group”) formed a common purpose to bribe accused 1
through an ongoing series of payments from Shaik and the Nkobi
Group to and on behalf of Zuma, as set out in the schedule, and
through various services provided free of charge by Shaik and the
Nkobi Group to accused 1, as described more fully hereunder. The
common purpose between accused 1, Shaik and the Nkobi Group was
formed on or before 25 October 1995 and accused 2 and 3 became
party to this common purpose.

52.

Shaik and/or the relevant corporate entities within the Nkobi group
and/or the other relevant corporate entities have benefited accused 1
in the period 25 October 1995 to 1 July 2005 through 783 payments
totaling R4 072 499.85 (Four million and seventy two thousand four
hundred and ninety nine Rand and eighty five cents), as set out in
the schedule (hereinafter referred to as the “schedule benefits”). This
was by way of payments from Shaik and/or the relevant corporate
entities within the Nkobi group and/or the other relevant corporate
entities to accused 1 and various parties for the benefit of accused 1.

53.

On 28 February 1999 an amount of R1 282 027.63 was irregularly
written off in the Nkobi accounting records (Kobifin (Pty) Ltd) under the
description of “Development costs of Prodiba”. Included in the amount
so written-off as development costs were various amounts paid to
accused 1 totaling R283 451.16. The balance represented amounts
that Shaik and Floryn Investments (Pty) Ltd owed to the Nkobi group.
This resulted in the misrepresentation of the 1999 Annual Financial

 20

Statements of Kobifin (Pty) Ltd, in that accounts receivable or director’s
and/or related third party loans were understated. Alternatively,
retained income was overstated. More importantly, the record of the
bulk of the payments to/on behalf of accused 1 up to that date, and any
obligation by accused 1 to repay such amounts as may have been said
to exist, were effectively expunged from the books of the Nkobi Group.
54.

As a result of the questioning of Nkobi’s external auditors (Davis
Strachan and Taylor – “DS&T”) by DSO investigators in 2002, the
write-off of the loan accounts as Development Costs was declared to
be a “fundamental error” in terms of a letter issued by DS&T on 11
February 2003. Several of the payments so written off were
consequently reversed in the 2002 Annual Financial Statements of
Kobifin (Pty) Ltd. However, only R68 818.66 of the payments identified
to and on behalf of accused 1, originally included in the amount written
off, formed part of the reversal. In the result, identified payments to/on
behalf of accused 1 totaling R214 632.50 remain written off in the
books of the Nkobi Group, despite the reversal in the 2002 restated
annual financial statements.

55.

The schedule payments to accused 1 make no legitimate business
sense, in that neither Shaik, the Nkobi group, nor the other relevant
entities could afford the payments, being at all times in a cash-starved
position (at least until August 2004), relying on and at times exceeding
bank overdrafts and thus effectively borrowing money from banks at
the prevailing interest rates to make the said payments interest free.
On the other hand, the group’s survival depended upon obtaining
profitable new business, inter alia, with the assistance of accused 1,
and also accused 2 and 3.

 21

56.

Furthermore, and whether the loans were affordable or not, it was not
the Nkobi group’s legitimate business to make payments to accused 1
or other politicians.

57.

Even during the period August 2004 to 1 July 2005, the average
positive cash balance of the group was substantially less than the
cumulative schedule payments to accused 1.

58.

Some of the schedule payments are described and/or treated in certain
Nkobi documents as loans, although the treatment is inconsistent. The
final accounting treatment of R1 137 722.48 of the total payments of
R4 072 499.85 does not reflect the payments as loans. However, the
schedule payments were intended by Shaik, the Nkobi Group and the
present accused as bribes, whatever their description.

59.

Even if the abovementioned schedule payments could properly be
regarded as loans, they nevertheless amounted to “benefits” within the
meaning of sections 1(1)(a) and (b) of Act no 94 of 1992 and
“gratifications” within the meaning of sections 1, 3(a) and (b) and 10(a)
and (b) of Act no 12 of 2004, as explained more fully below. The
schedule benefits were paid to accused 1 in circumstances where he
would not have been able to obtain such funding commercially. The
following features of the payments constitute benefits to accused 1:
a.

The facility of providing the funds to accused 1 is itself a benefit.

b.

Inasmuch as the funds may have been provided interest-free,
this is a benefit.

c.

Inasmuch as interest may have purported to have been
charged, interest payments were deferred. This is a benefit.

 22

d.

Inasmuch as capital payments may have purported to have
been due, these were deferred. This is a benefit.

e.

The funds were paid without security. This is not a usual
commercial practice with banks, more especially in respect of a
customer with accused 1’s risk profile. This accordingly
constitutes a benefit.

f.

An appraisal of a debtor’s ability to repay a loan is a matter of
some importance to banks and other commercial sources of
credit. Inasmuch as accused 1’s ability to repay the money that
Shaik and/or Nkobi advanced to him was and remains seriously
questionable, the “loans” are not commercial and they benefit
accused 1. The notional interest payments alone are beyond
any legitimate means of repayment available to accused 1.

g.

Despite Nkobi’s precarious position with the banks, Shaik and
Nkobi made no effort to recover any of the payments from
accused 1. This failure to demand repayment is itself a benefit
to accused 1. Shaik did not intend to enforce the terms of the
“loan” and neither has he done so. This is a benefit.

60.

The abovementioned benefits are hereinafter referred to as the
“facility benefits”.

61.

Shaik acted as accused 1’s financial adviser and/or special economic
adviser

without

charging

any

fee

or

demanding

any

lawful

remuneration for this service. In this capacity Shaik provided the
following types of services free of charge:
a.

Managing accused 1’s financial affairs;

 23

b.

Corresponding with and meeting accused 1’s creditors;

c.

Negotiating

with

accused

1’s

creditors

and

their

legal

representatives;
d.

Corresponding with, meeting and dealing with accused 1’s
bankers, and introducing accused 1 to new bankers and
services;

e.

Providing legal advice and services to accused 1 through
Shaik’s/Nkobi’s attorneys;

f.

Utilizing the administrative, secretarial and personnel resources
of the Nkobi group for managing the affairs of accused 1 and his
family;

g.

Attending to the accommodation requirements of accused 1;

h.

Attending to the financial and other affairs of accused 1’s family
members;

i.

Assisting accused 1 to complete his tax returns;

j.

Assisting accused 1 to complete the prescribed declarations of
interests to Parliament and to the Secretary to the Cabinet.

62.

The abovementioned services, provided free of charge, constitute
benefits to accused 1 (hereinafter referred to as the “service
benefits”).

 24

General corruption giving rise to the specific corruption
63.

During 1998, accused 1 intervened and assisted Shaik, the Nkobi
group and the Thomson-CSF group to resolve a dispute that had
arisen regarding Nkobi’s participation with accused 3 in the acquisition
of ADS. The details are described more fully below.

64.

From the point of view of Nkobi, this was an instance of obtaining the
assistance of accused 1 to ensure the group’s survival by obtaining
profitable new business.

65.

From the point of view of accused 1, this was an instance of him using
his powers as MEC and/or Deputy President of the ANC to further the
private business interests of Shaik and the Nkobi Group.

66.

From the Thomson-CSF perspective, this was an instance of obtaining
advance political support, approval or assurance from accused 1 for its
choice of South African partners to gain an advantage over its bidding
competitors for business relating to the arms deal described below.

67.

Accused 1’s assistance as described, and his anticipated assistance
relating to the arms deal was informal and it did not form part of the
official bidding/selection process.

68.

The abovementioned dispute was resolved in principle with accused
1’s assistance during 1998. The legalities pursuant to the agreement in
principle regarding the restructuring that ensured Nkobi’s participation
in ADS with accused 3, were completed in September 1999.

69.

On 9 September 1999, Patricia de Lille gave notice in Parliament that
she wished to table a motion regarding alleged irregularities in the
arms deal. The Presidency immediately issued a statement denying

 25

accused 1’s involvement. De Lille’s motion was tabled in Parliament on
21 September 1999. The matter received extensive publicity.
70.

Also at about this time and on 28 September 1999, the Minister of
Defence approved the arms deal as a subject for the Auditor General’s
special review.

Specific corruption
71.

In the period 1999 to 2000, accused 2 and 3 (acting through Thétard)
and/or Thomson-CSF (France) and/or Thomson-CSF International
(France) and/or Thales International Africa Ltd (Mauritius) (acting
through Perrier and/or de Jomaron) conspired with Shaik and his Nkobi
group and accused 1, to pay accused 1 the amount of R500 000 per
annum (hereinafter referred to as “the annual benefits”) as a bribe in
exchange for accused 1’s protection of the Thomson-CSF group in
respect of the investigation into the corvettes (“Project Sitron”) part of
the arms deal and for his support of the Thomson-CSF group for future
projects. These annual payments were to continue until the first
payment of dividends by ADS.

72.

Shaik, also acting on accused 1’s behalf, had met with Thétard on 30
September 1999 to convey accused 1’s request for a bribe to Thétard.
Thereafter, and also in furtherance of the common purpose to achieve
the objectives of the conspiracy to pay and receive the bribe and to
secure accused 1’s protection of and support for the Thomson-CSF
group as described, contact between the conspirators continued. This
was by way of correspondence and meetings between Shaik, Thétard
(acting as director of accused 2 and 3 and as the representative of the
Thomson-CSF group in South Africa), accused 1, Perrier and/or de
Jomaron.

 26

73.

It was agreed between the parties that the bribes would not be paid
directly to accused 1, but that some method of payment would be
employed that was calculated to disguise the true nature of the
payments so as to avoid detection. Consequently, during the period
late 2000 to early 2001, Kobifin (Pty) Ltd entered into a so-called
“service provider agreement” with Thomson-CSF International Africa
Ltd in Mauritius, as a device to conceal or disguise the true nature and
source of the payment of the bribe. In terms of the agreement,
remuneration was to be paid in installments of R250 000. The first two
installments were initially due before the end of December 2000 and
on 28 February 2001 respectively. Shaik stipulated that the total
remuneration was to be R1 million.

74.

Accused 1 needed funds to pay for the development of his traditional
residential village estate at Nkandla in rural northern KZN. Plans for
the

development

were dated March 2000.

The development

commenced in approximately July 2000. The final tender amount
agreed to was R1 340 000 (after the development was commenced
with). The development was finalized during March 2001. Various
arrangements were made during the construction and subsequently to
provide finance on accused 1’s behalf. At no stage during construction
and thereafter has accused 1 been able to settle the outstanding
amount or obtain finance without the intervention and assistance of
third parties, including arrangements for payment through Shaik in
accordance with the agreement to disguise payments to accused 1
described above.
75.

On 16 February 2001, R249 725.00 was transferred from Thales
International Africa – Mauritius to the ABSA current account of
Kobitech (Pty) Ltd as a first payment in pursuance of the
abovementioned scheme.

 27

76.

Within eight days (on 24 February 2001) and in furtherance of the
common purpose to bribe accused 1, Kobitech (Pty) Ltd paid R250 000
to Development Africa, a trust to which accused 1 was indebted to the
sum of R 1 million, in reduction of accused 1’s liability to Development
Africa.

77.

At the same time, Kobitech (Pty) Ltd issued three post-dated cheques,
with numbers sequential to the first paid cheque of R250 000, each
also in the amount of R250 000 and each in favour of Development
Africa.

78.

The payment to Development Africa and the issuing of the post-dated
cheques were for the credit of accused 1.

79.

On 19 April 2001 Kobitech (Pty) Ltd requested ABSA Bank to stop
payment on the three cheques each for R250 000 in favour of
Development Africa.

80.

On 4 September 2001 Shaik received a deposit of R175 000 from
Kobitech (Pty) Ltd. On 5 September 2001 a cheque to the value of
R125 000 was drawn against Shaik’s account in favour of
Development Africa. On 17 September 2001 a further cheque of R125
000 was drawn against Shaik’s account in favour of Development
Africa.

81.

The schedule and/or facility and/or service and/or annual benefits
received and/or to be received by accused 1 as aforementioned from
or on behalf of Shaik and/or the other relevant corporate entities, as
set out above, constituted benefits within the meaning of section 1(1)
of Act 94 of 1992 which were not legally due to accused 1.

 28

82.

The schedule and/or facility and/or service and/or annual benefits
received and/or to be received by accused 1 as aforementioned from
or on behalf of Shaik and/or the other relevant corporate entities, as
set out above, also constituted gratifications within the meaning of
section 1 of Act 12 of 2004, as explained more fully below.

83.

The benefits advanced to accused 1, for all the reasons mentioned
above, were corruptly made in furtherance of an ongoing scheme and
common purpose to influence accused 1 to use his office or position to
advance the private business interests of Shaik and/or the ThomsonCSF group, including accused 2 and 3 and/or to reward accused 1 for
so doing.

F. THE PRIVATE BUSINESS INTERESTS OF SHAIK, THE NKOBI GROUP
AND THE THOMSON-CSF GROUP
General
84.

Nkobi’s main business was to enter into joint ventures with local and
foreign companies with a view to obtaining lucrative government
contracts. Shaik made it clear that Nkobi’s role in joint ventures with
other partners was to provide political connections (as opposed to
financial resources or technical expertise). It was generally well
understood that the political connection was so strong from Shaik’s
side that there was no need for Nkobi to provide the money or the
expertise. Shaik’s political connections included pre-eminently his
connection with accused 1, which in turn was founded also on accused
1’s financial dependence on Shaik. Accused 1 well knew that Shaik’s
ability to continue financially supporting him depended on Shaik’s
business success, including his success with accused 2 and 3 and
their joint ventures. Shaik accords specific prominence to his

 29

relationship with accused 1 in promotional material relating to the

Nkobi group.

30

Joint ventures between the Thomson and Nkobi groups
85.

Shareholders agreements were entered into between the Thomson
and Nkobi groups on 22 May and 17 July 1996. In terms of these
agreements, Thomson business in South Africa conducted through
accused 3 would be in partnership with Nkobi.

86.

Consequently, Thomson and Nkobi were joint venture partners
(together with Denel) in obtaining the award of the contract for credit
card type drivers’ licences during 1996 – 1997 (the Prodiba joint
venture).

87.

There were a number of joint ventures and possible future joint
ventures between Nkobi and Thomson, including projects in the
following public sector fields: transport, tourism, justice, finance,
prisons, hospitals, water, the Durban airport, the ID card contract, the
N2, N3 and N4 road projects, the third cellular telephone network, the
arms deal set out below and other military deals, and smart card
technology.

The Arms Deal
88.

In the design for the South African Defence Force, which was
recommended in the Defence Review, various types of military
equipment were identified as being required by the Force.

89.

In order to procure the said military equipment, requests for information
were submitted on 23 September 1997 to various other countries, and
after receipt of such information by the closing date of 31 October
1997, requests for offers were issued to short listed potential suppliers.

 31

90.

The process to procure the various types of equipment was generally
known as the Strategic Defence Package Acquisition Programme, or
the arms deal.

The Formal and Informal Processes
91.

The formal evaluation of the competing bidders for contracts arising
from the arms deal was conducted through an ostensibly rigorous and
scientific evaluation process conducted by various committees of
military and other experts and representatives of the various interested
bodies. The final authority for awarding the contracts resided in an ad
hoc committee of cabinet ministers chaired by the then Deputy
President Mbeki.

92.

However, a separate and parallel process of informal meetings and
communications occurred (hereinafter referred to as the “informal
process”) in which persons and entities interested in participating in the
contracts sought to glean information about the process and exert
influence, directly or indirectly, on formal decision makers. This also
held true in relation to the corvette program (Project Sitron).

93.

Through this informal process, it became known at an early stage,
even before the award and adjudication processes were completed, to
a select group of persons and entities (including Shaik, Thomson-CSF
and accused 2 and 3) that ADS was likely to be awarded the contract
for the supply of the combat suite for the corvettes.

 32

Efforts by Thomson CSF to position itself to participate in the Corvette
Contract
94.

The need to upgrade the capacity of the navy’s surface vessels was
identified as early as 1993. A process to acquire such vessels was
launched and reached an advanced stage, but was subsequently
rejected by cabinet in favour of a more comprehensive process to
update equipment throughout the armed services. As part of this
comprehensive update, the acquisition of 4 patrol corvettes was
approved.

95.

Thomson-CSF was anxious to participate in this contract, preferably as
a primary contractor, failing which as a supplier of the combat suite. To
this end, it set about as early as 1995 to acquire an interest in ADS,
which it believed to be the favoured supplier of the combat suite,
through accused 2 and 3.

The Selection of the Correct BEE Partner
96.

Thomson-CSF, and subsequently accused 2 and 3, were of the view
that in order to ensure their participation in the combat suite through
ADS, it was essential to acquire a local black economic empowerment
(BEE) partner. However, it was considered vital to select the “right”
BEE partner. The major criterion for the selection of such a partner
was its political connectivity (whether this was founded on one or more
corrupt relationships of mutual support or otherwise), since ThomsonCSF, and subsequently accused 2 and 3, were of the view that the
final decisions for the award of such contracts are always taken at a
political level. At the time of the joint venture agreement described
above, Nkobi was regarded as a BEE partner which met this criterion,
inter alia because of the corrupt relationship between Shaik and
accused 1.

 33

97.

However, at approximately the same time as the request for
information was submitted by the South African government to foreign
suppliers in September 1997, Thomson-CSF became concerned that
its choice of Nkobi as its South African partner for the proposed
acquisition of ADS (all with a view to successfully bidding for the
combat suites as described), did not carry the approval of influential
figures within the South African government. It was thus decided that
the shares in ADS would be acquired directly by Thomson-CSF
(France) and not by accused 3, to the exclusion of Nkobi, until the
issue of suitable local partners could be resolved. This decision to
exclude Nkobi was despite the shareholders’ agreement between
Thomson and Nkobi. Consequently, Thomson-CSF (France) acquired
50% plus one share of ADS on 14 April 1998.

98.

Due to the uncertainty of accused 2 and 3 as to the suitability of Nkobi
as the correct BEE partner, accused 2 and 3 entered into negotiations
with various other potential BEE partners, including a company styled
Coordinated Network Investments (Pty) Ltd (“CNI”, led by one Reuel
Khoza) and Futuristic Business Solutions (Pty) Ltd (“FBS”, led by the
former Chief of the SANDF, General Lambert Moloi)

The Resolution of the BEE Dilemma
99.

In response to the request for offers, inter alia for corvettes, the
German Frigate Consortium submitted an offer dated 11 May 1998 to
supply the corvettes. The bid included ADS as the proposed supplier of
the combat suites. It was also proposed in the bid that ADS would join
the joint venture as a consortium partner in the final contract.

100.

As indicated above, Nkobi was at this stage excluded from ADS.
Thomson-CSF, on the other hand, was urgently seeking the informal

 34

political support it considered necessary to improve its chances of a
successful bid involving ADS.
101.

Moynot, as the then director of accused 2 and 3, suggested as early as
28 November 1997 that a meeting between Perrier and accused 1
should be sought, inter alia to resolve the issue of informal approval.

102.

Similarly, on 17 March 1998, Shaik indicated that accused 1 wished to
meet Perrier to resolve the issue.

103.

The resolution of the issue would include the prospect that Nkobi
should participate in ADS and ultimately share in the profits that were
to be derived from the arms deal. The prospective benefit to Nkobi
would also enable it to continue supporting accused 1.

104.

Apart from the German Frigate Consortium, the South African
government also received offers from the other short-listed parties.
After the closing date for the receipt of offers on 13 May 1998, the next
step in the official process was to select a preferred bidder. The
Strategic Offers Committee met on 1 and 2 July 1998 for this purpose
and specifically to consolidate the scores of the various technical
teams that were evaluating various aspects of each bid.

105.

Accused 1 met Perrier in London on 2 July 1998 with Shaik, in
accordance with both Thomson’s and Shaik’s wishes. Thomson
required accused 1’s approval of its ADS partner. Shaik required his
approval of Nkobi as such ADS partner in order to cause Thomson to
reverse its decision to exclude Nkobi from the ADS acquisition.

106.

Accused 1 indicated that he approved of Nkobi as a suitable partner
and it was decided in principle to reverse the earlier Thomson decision
to exclude it from ADS.

 35

107.

Chippy Shaik is Shaik’s brother. He was at this time Chief of
Acquisitions in the department of defence and as such he directed and
participated in the arms acquisition process. Thétard sought a meeting
with him on 3 July 1998, which was held on 8 July 1998. During this
meeting, Chippy Shaik indicated that he was aware of the meeting in
London on 2 July 1998 between accused 1, Perrier and Shaik at which
accused 1 had indicated his approval for Nkobi as a partner with
Thomson in ADS.

108.

The resolution of the dispute between Thomson and Nkobi was taken
further, once again with the assistance of accused 1, at a meeting on
18 November 1998 at the Nkobi offices in Durban. The formalities of
the earlier agreement were decided upon. In terms of the agreement
reached on 18 November 1998, Thomson-CSF (France) would sell to
Nkobi Investments, through accused 3, an effective shareholding in
ADS. The result of this was that Nkobi Investments would become a
joint venture partner with Thomson in the German Frigate Consortium
bid and so joined the successful bidder in the corvette bid. The ADS
portion of the corvette contract was worth R1,3 billion, with R450
million coming directly to ADS and the balance going to subcontractors. In the result, the Nkobi and Thomson groups stood to
benefit from profits arising from the corvette contract.

109.

In addition to Nkobi, accused 2 and 3 also included FBS as a 20%
direct empowerment partner in ADS. CNI was ultimately excluded from
participation.

110.

The German Frigate Consortium bid was approved as the preferred
bidder by the South African cabinet on 18 November 1998.

 36

111.

The actual transactions involving the sale of shares were registered in
1999. The most relevant transaction is that of 15 September 1999,
when Thomson-CSF International (France) transferred 25 500 000
shares in ADS to Thomson (Pty), giving Thomson (Pty) 80% of ADS
and consequently Nkobi Investments an indirect 20% interest in ADS.

112.

A negotiating phase between the South African government and the
German Frigate Consortium as the preferred bidder followed after 18
November 1998. The final contract was signed on 3 December 1999
between the government and a new consortium named the European
South Africa Patrol Corvette Consortium (ESAPCC). This new
consortium included ADS as a principal contractor to supply the
combat suites, as originally proposed in the German Frigate
Consortium bid.

Protection against investigations pertaining to alleged irregularities in
respect of the arms deal
113.

During November 1998, the Defence Audit Centre of the Office of the
Auditor-General identified the procurement of the Strategic Defence
Package Acquisition Programme as a high-risk area from an audit
point of view and decided on the need to perform a special review of
the procurement process. On 28 September 1999 the Minister of
Defence, MPG Lekota, approved the Auditor General’s audit review
into the procurement process.

114.

Questions relating to alleged irregularities in the Strategic Defence
Package Acquisition Programme arose from September 1999. These
were raised in the press and in Parliament. Allegations of corruption in
respect of the award of the contract for the corvette programme were
raised in the media from February 2000. The allegations of corruption

 37

included allegations against Chippy Shaik, Schabir Shaik, accused 1,
ADS and Thomson CSF.
115.

As the matter progressed, the South African government eventually
faced requests to appoint the Heath Special Investigation Unit to
investigate irregularities relating to the arms deal. This was endorsed
by the Parliamentary Standing Committee for Public Accounts
(SCOPA), whose 14th report recommending a joint investigation into
the arms deal process by the Auditor General, the Public Protector, the
Scorpions and the Heath Commission was adopted by Parliament on 3
November 2000. The report inter alia specifically raises concerns
regarding the possible role played by “influential parties” in determining
the choice of subcontractors (such as ADS) by prime contractors. The
Heath Special Investigation Unit was a statutory agency mandated to
investigate irregularities and had the power, in terms of the applicable
legislation and the due process prescribed, to seek to set aside
contracts tainted by irregularities.

116.

There was a perception on the part of Shaik, the Nkobi group and
accused 2 and 3 that it would be in their interests to be protected
against such investigations, inter alia, because they did not wish it to
be discovered that accused 1 had intervened informally to assist in the
resolution of the ADS dispute for the benefit of the Nkobi and Thomson
groups, whilst receiving payments from Shaik and the Nkobi group. As
mentioned above, the bribe of R500 000 per annum was in exchange
for, inter alia, accused 1’s protection.

117.

In a letter dated 19 January 2001, signed in his capacity as “Leader of
Government Business” in Parliament, accused 1 addressed a long
letter to Gavin Woods, then chairperson of the Parliamentary Standing
Committee on Public Accounts. It included the contention that there
was no need for the Heath Unit to be involved in any investigation of

 38

the arms deal. The letter was also copied to the various prime
contractors, one of which was the German Frigate Consortium, which
included Thomson CSF and ADS.
Furthering other private business interests of the accused
118.

The main business of the Nkobi group was to enter into joint ventures
with local and foreign businesses in order to secure contracts in the
public sphere. Shaik and the Nkobi group sought to secure business
partners and business opportunities primarily by trading on Shaik’s
political connectivity. This was done in three main ways:
•

Firstly by advertising Shaik’s “political connectivity” with inter alia
accused 1, for instance by advertising his relationship as “financial
advisor” or “special economic advisor” to accused 1 in his various
offices;

•

Secondly by relying on accused 1 to meet or correspond with
prospective business partners in order to advance his/its private
business interests; and

•

Thirdly by threatening prospective business partners, explicitly or
impliedly, that he would resort to accused 1 if they did not act in
accordance with Shaik’s wishes.

119.

Accused 1 allowed Shaik to act in this manner as a result of the
schedule and/or facility and/or service benefits received from Shaik
and the Nkobi group, acting in common purpose with accused 2 and 3.

120.

In addition to the ADS instance described above, Shaik relied on
accused

1’s

name

and/or

assistance

in

negotiations

communications with or in respect of (inter alia) the following :

or

 39

a.

David Wilson of the Renong Group of Malaysia concerning the
Point Development

b.

Peter Watt of Altron

c.

Deva Ponnoosami of Southern Crest Marketing Services and
Professor John Lennon of Glasgow Caledonian University
concerning the Eco-Tourism School

d.

Thomson-CSF France

e.

Kuwaiti businessmen Ali and Fouad Al-Ghanim

f.

The establishment of an Nkobi Bank

g.

Kent and Jeffrey Crane of Crane (Africa)(Pty) Ltd, and James
Roth of Roth International (USA)

h.

Hakim Belo-Osagie - Chairman of United Bank for Africa PLC
(Nigeria)

i.

Grant Scriven of Venson PLC (UK)

j.

Jean-Marc Pizano of ATE

k.

The Indonesia – South Africa Business Club

l.

Haryono Eddyarto of PT Surveyor Indonesia

m.

The Cyprus Development Bank Limited

n.

Ron Coopersmith (USA)

o.

Bruce Allen Johnson of the Hudson Institute (USA)

p.

IGT (USA)

q.

Peter Shortt of the International Business and Development
Group (UK)

r.

John S Kendall of Unisys Corporation (USA)

s.

John Chettle of Freedman, Kroll and Simonds (USA)

t.

Dr Khalid Abdullah Tarique Al-Mansour

u.

PT Surveyor Indonesia

v.

Queen City Properties (Pty) Limited

w.

PFI Briefing

x.

Wilberforce Institute

y.

Aids project

 40

2. Her Majesty?s Consul
aa. Procon Fischer (Pty) Limited

bb. Professor Green Thompson

41

CHAPTER 2:

THE ALTERNATIVE CHARGES TO COUNTS 2 AND 3

AND WHEREAS
Applicability of the Prevention and Combating of Corrupt Activities Act,
No 12 of 2004
121.

The Prevention and Combating of Corrupt Activities Act, No 12 of 2004
(hereinafter also referred to as the New Act) was assented to and
commenced on 27 April 2004.

122.

Section 36 of the New Act makes provision for transitional
arrangements.

Gratification
123.

The schedule and/or service and/or facility benefits received and/or to
be received by or on behalf of accused 1 as aforementioned from
Shaik and/or the other relevant corporate entities, as set out above,
constituted gratification as defined in section 1 of the New Act, which
was not legally due to accused 1.

124.

Such gratification was unauthorized by accused 1’s employer.

General offence of corruption
125.

Accused 1 accepted and/or agreed and/or offered to accept such
gratification in order to act and/or omit to act, either personally by
influencing another person so to act, in the manner described in
section 3 of the New Act, to wit, by furthering and/or having furthered
the interests of Shaik and/or the entities associated with Shaik and/or

 42

the Thomson-CSF group and/or accused 2 and/or accused 3 as set
out above.
126.

Accused 2 and 3 were, together with Shaik and the Nkobi group of
companies, party to a common purpose to give and/or agree and/or
offer to give such gratification to accused 1 in order that accused 1 act
and/or omit to act, either personally or by influencing another person
so to act, in the manner described in section 3 of the New Act, as set
out above. Such common purpose arose before or during or about May
1996 and continued until at least 1 July 2005.

127.

Neither the acceptance of or agreement or offer to accept the
gratification, nor the giving or agreement or offer to give the
gratification can be linked to any lawful authority or excuse on the part
of the accused.

128.

Accused 1 was, by virtue of his position of Deputy President, member
of cabinet and leader of government business, party to an employment
relationship at all material times from the date of commencement of the
New Act until his dismissal on 14 June 2005.

129.

Accused 1 accepted and/or agreed and/or offered to accept the
gratification in relation to the exercise, carrying out or performance of
his powers, duties and/or functions within the scope of his employment
relationship as described above.

130.

Accused 2 and 3 were, together with Shaik and the Nkobi group of
companies, party to a common purpose to give and/or agree and/or
offer to give such gratification to accused 1 in relation to the exercise,
carrying out or performance of Accused 1’s powers, duties and/or
functions within the scope of his employment relationship as described

 43

above. Such common purpose arose before or during or about May
1996 and continued until at least 1 July 2005.

 44

CHAPTER 3:

THE RACKETEERING CHARGE (COUNT 1)

AND WHEREAS
A. RACKETEERING OFFENCES IN GENERAL
131.

The Prevention of Organised Crime Act, No. 121 of 1998, (POCA)
includes provisions in Chapter 2 that make it a crime to engage in
racketeering.

132.

Section 1(1) of POCA states that an “‘enterprise’

includes any

individual, partnership, corporation, association, or other juristic person
or legal entity, and any union or group of individuals associated in fact,
although not a juristic person or legal entity”.
133.

Section 1(1) of POCA states that ““[P]attern of racketeering activity”
means the planned, ongoing, continuous or repeated participation or
involvement in any offence referred to in Schedule 1 and includes at
least two offences referred to in Schedule 1, of which one of the
offences occurred after the commencement of this Act and the last
offence

occurred

within

10

years

(excluding

any

period

of

imprisonment) after the commission of such prior offence referred to in
Schedule 1.”

B. THE ENTERPRISE
134.

Nkobi Investments (Pty) Ltd (“Nkobi Investments”) was an enterprise
within the meaning of Section 1(1) of POCA, being a corporation within
the meaning of section 1(1) of POCA.

 45

135.

Consequently and for the purposes of the present charges, it is alleged
that the Enterprise comprised of the corporation Nkobi Investments
(“the Enterprise”).

136.

At all material times, Shaik was a director, CEO and controlling
shareholder of Nkobi Investments and the Nkobi group and, as such,
Shaik managed the Enterprise.

137.

The Enterprise had its main offices at Suite 502, Victoria Main Building,
71 Victoria Embankment, Durban.

138.

The Enterprise through its subsidiaries and associated companies, as
more specifically set forth above in the General Preamble, operated as
an ostensibly legitimate group of companies, whose main business
was to form joint ventures with foreign and local businesses, more
particularly as a “Black Economic Empowerment” (“BEE”) partner, and
so to bid for lucrative contracts, primarily in the public sphere.

139.

The Enterprise and its subsidiaries had little to offer in the way of
capital or expertise and relied primarily on Shaik’s much heralded
“political connectivity” to attract partners with these resources and to
secure an advantage over any competitors in obtaining contracts.

140.

Apart from the legitimate objectives of the Enterprise, it also pursued
certain illegitimate objectives, as set out further below, acting both in its
own capacity as well as through various subsidiaries and associated
companies and persons, including Shaik and the accused.

 46

C. THE OBJECTS AND METHODS OF THE ENTERPRISE
In addition to the objects set forth in the General Preamble, the objects of the
Enterprise included, but were not limited to the following:
141.

To cultivate and maintain corrupt relationships with persons in
positions of political power and high government office, including
accused no. 1, in order to cultivate “political connectivity”;

142.

To make payments to and on behalf of such persons in return for their
services in advancing the interests of the Enterprise as and when
required;

143.

It was part of the objectives of the Enterprise that it, its employees, and
persons and entities associated with it, would conceal or disguise
payments to persons of political power and high government office,
including accused 1;

144.

It was nevertheless also part of the objectives of the Enterprise to
procure funding or future funding from potential business partners, as
described in paragraph 147 below, through it reliance on political
connectivity, with the intention of enabling the Enterprise, its subsidiary
and associated companies and Shaik to maintain the payments to
persons of political power and high government office, including
accused 1, in return for their services in advancing the interests of the
Enterprise and its business partners as and when required;

145.

To advertise political connectivity to or create the perception of political
connectivity in the minds of potential business partners and thereby to
induce, persuade or intimidate such partners to enter into, and
maintain, joint venture agreements with the enterprise and on terms

 47

favourable to the enterprise and thereby also to enable the Enterprise
to maintain its payments to persons of political power and high
government office;
146.

To attempt, through corrupt means, to secure lucrative contracts in the
public sphere, either alone or through joint venture partnerships with
other business partners;

147.

To secure financing in the form of capital investments and loans to
fund the operations of the enterprise;

148.

To preserve and protect the enterprise, its members and its profits
through the use of political connections. Such preservation and
protection included protection against official investigations and/or
prosecution;

149.

Nevertheless to maintain the appearance that the Enterprise was a
legitimate business.

D. PERSONS AND ENTITIES EMPLOYED BY OR ASSOCIATED WITH THE
ENTERPRISE AND WHO PARTICIPATED IN THE CONDUCT OF ITS
AFFAIRS
These included inter alios:
Accused 1
150.

Accused 1 was employed by, alternatively associated with, the
Enterprise:

151.

The series of benefits paid by the Enterprise and its subsidiaries and
associates to or on behalf of accused 1 over a period of nearly 10

 48

years amounted to a salary in the form of a retainer, in return for which
accused 1 would perform services for the Enterprise as and when
required. This amounted to accused 1’s de facto employment by the
Enterprise within the meaning of the Act.
152.

Alternatively and in any event, accused 1 was associated with the
Enterprise in one or more of the following manners:
•

Through his close and longstanding association with Shaik, the
manager of the enterprise;

•

Through Shaik’s position as his personal financial advisor and/or
special economic advisor;

•

Through the schedule benefits which he received from the
Enterprise.

•

Through the service and facility benefits which the enterprise
provided to him;

•

Through his de facto shareholding in the Enterprise;

•

Through the “political connectivity” which he provided to the
Enterprise; and/or

•

Through the services which he performed on behalf of the
enterprise.

153.

In one or both of these capacities, accused 1 participated in the
conduct, directly or indirectly, of the Enterprise’s affairs through a
pattern of racketeering activity, to wit by:
•

Advising, counselling and/or assisting Shaik in the management
or conduct of the Enterprise’s affairs as described in paragraph C
above;

•

Corruptly accepting the schedule benefits set out in the
Schedule and more fully described below, each payment
constituting a separate racketeering act;

•

Corruptly accepting the facility benefits more fully described
below;

 49

•

Corruptly accepting the service benefits more fully described
below;

•

Corruptly agreeing to accept the annual benefits until the first
payment of ADS dividends;

•

Furthering and/or attempting and/or agreeing to further the
business of the Enterprise;

•

Protecting and/or attempting and/or agreeing to protect the
Enterprise from criminal investigation and/or prosecution;

•

Concealing the fact that he received benefits, payments, and/or
advantages from the Enterprise and/or its subsidiaries or other
associates of the Enterprise; and/or

•

Concealing that he committed or omitted to do any act in relation
to his powers and/or duties to further the interests of the
Enterprise.

Accused 2 and 3
154.

Accused 2 and 3 were associated with the Enterprise in that they were
joint venture partners with the Enterprise in the ADS combat suite
contract and with a subsidiary of the Enterprise in the Prodiba drivers’
licence contract. They were also complicit in the Enterprise’s payments
to accused 1 with a view to benefiting from the Enterprise’s resultant
“political connectivity”.

155.

Accused 2 and 3 participated in the conduct of the Enterprise’s affairs,
directly or indirectly, through a pattern of racketeering activity, to wit by:
•

Advising, counselling and/or assisting Shaik in the management
or conduct of the Enterprise’s affairs as described in paragraph C
above;

•

Making common purpose with the Enterprise in corruptly
providing the schedule and/or service and/or facility benefits
described above;

 50

•

Facilitating the Enterprise’s entrée into the Prodiba and combat
suite contracts;

•

Enabling the Enterprise to conduct its affairs, including its
illegitimate affairs, by providing it with the necessary capital,
which also enabled the Enterprise to continue its schedule
payments to accused 1;

•

Corruptly entering into an agreement with Shaik and/or the
Enterprise and accused 1 to pay accused 1 a bribe of the annual
benefits until the first payment of ADS dividends;

•

Entering into a money laundering agreement, arrangement or
transaction with the Enterprise in order to disguise the nature,
source disposition or movement of the monies paid to or for
accused 1 in pursuance of the said bribe agreement and/or to
enable or assist the Enterprise and accused 1 to avoid
prosecution; and/or

•

Paying a sum of R250 000 to the Enterprise for the benefit of
accused 1 in pursuance of the said bribe agreement.

E. PATTERN OF RACKETEERING ACTIVITY
156.

In furtherance of the objectives of the Enterprise and in order to secure
the necessary political connectivity, benefits were provided to a
number of politicians and holders of high government office, in
particular accused 1, through the Enterprise.

157.

More specifically, benefits provided through the Enterprise included,
but were not limited to:

•

Corruptly paying the schedule benefits to or on behalf of accused 1,
each payment constituting a separate racketeering act;

•

Corruptly providing to accused 1 the facility benefits;

•

Corruptly providing to accused 1 the service benefits;

 51

•

Corruptly entering into an agreement with accused 1 to 3 to pay
accused 1 the annual benefits until the first payment of ADS
dividends;

•

Concealing the giving and receipt of benefits to or on behalf of
accused 1 and any acts performed or omitted by accused 1 for or on
behalf of the Enterprise.

158.

One or more of the accused, individually or together, committed the
racketeering acts set forth below and the alternatives thereto.

 52

F. RACKETEERING ACTS
RACKETEERING ACT 1:
(In respect of accused 1):
CORRUPTION in contravention of section 1(1)(b) read with section 3 of the
Corruption Act, No. 94 of 1992. [SERVICE AND FACILITY BENEFITS]
IN THAT during the period 25 October 1995 to 1 July 2005 and at or near Durban
in the district of Durban, accused 1, upon whom the powers had been conferred
and/or who had the duties as set out in the preamble, unlawfully and corruptly
received and/or obtained and/or agreed to receive and/or attempted to obtain the
abovementioned service and/or facility benefits, which were not legally due, from
Shaik and/or the other entities mentioned in the schedule with the intention that
he should commit and/or omit any act in relation to his powers and/or duties to
further the interests of Shaik and/or the entities associated with Shaik and/or the
Thomson-CSF group and/or accused 2 and/or accused 3 as set out in the
preamble and/or to be rewarded for having committed or omitted to do any act
constituting any excess of such powers or any neglect of such duties, as set out
in the preamble.
RACKETEERING ACT 2:
(In respect of accused 2 and 3)
CORRUPTION in contravention of section 1(1)(a) read with section 3 of the
Corruption Act, No. 94 of 1992. [SERVICE AND FACILITY BENEFITS]
IN THAT during the period 25 October 1995 to 1 July 2005 and at or near Durban
in the district of Durban, Shaik and/or the other entities mentioned in the
preamble unlawfully and corruptly gave and/or offered and/or agreed to give the
abovementioned service and/or facility benefits, which were not legally due, to
accused 1, upon whom the powers had been conferred and/or who had the

 53

duties as set out in the preamble, with the intention to influence accused 1 to
commit and/or omit to do any act in relation to his powers and/or duties to further
the interests of Shaik and/or the entities associated with Shaik and/or the
Thomson-CSF group and/or accused 2 and/or accused 3 as set out in the
preamble and/or with the intention to reward accused 1 because he so acted in
excess of such powers or any neglect of such duties, as set out in the preamble
AND WHEREAS accused 2 and/or accused 3 in the period from approximately
May 1996 unlawfully and corruptly made common purpose with Shaik and/or the
other entities associated with Shaik.

RACKETEERING ACTS 3 - 608:
(In respect of accused 1):
CORRUPTION in contravention of section 1(1)(b) read with section 3 of the
Corruption Act, No. 94 of 1992 [SCHEDULE BENEFITS UP TO 26 APRIL 2004]
IN THAT on or about the dates specified in column B of the schedule (up to 26
April 2004) and at or near Durban in the district of Durban, accused 1, upon
whom the powers had been conferred and/or who had the duties as set out in the
preamble, unlawfully and corruptly received and/ or obtained and/ or agreed to
receive and/or attempted to obtain the schedule benefits specified in column C
of the schedule (up to 26 April 2004) (each receipt, obtaining or agreement to
receive or attempt to obtain being a separate racketeering act) which were not
legally due, from Shaik and/or the other entities mentioned in column E of the
schedule (up to 26 April 2004) with the intention that he should commit and/or
omit any act in relation to his powers and/or duties to further the interests of
Shaik and/or the entities associated with Shaik and/or the Thomson-CSF group
and/or accused 2 and/or accused 3 as set out in the preamble and/or to be
rewarded for having committed or omitted to do any act constituting any excess
of such powers or any neglect of such duties, as set out in the preamble.

 54

[Total schedule payments from 25 October 1995 to 26 April 2004:
•

No. of payments:

•

Aggregate amount: R3 015 484.59]

606

RACKETEERING ACTS 609 - 1214:
(In respect of accused 2 and 3)
CORRUPTION in contravention of section 1(1)(a) read with section 3 of the
Corruption Act, No. 94 of 1992. [SCHEDULE BENEFITS UP TO 26 APRIL 2004]
IN THAT on or about the dates specified in column B of the schedule (up to 26
April 2004) and at or near Durban in the district of Durban, Shaik and/or the other
entities mentioned in column E of the schedule (up to 26 April 2004), unlawfully
and corruptly gave and/or offered and/or agreed to give the schedule benefits
specified in column C of the schedule (up to 26 April 2004) (the giving of each
schedule benefit and/or offer and/or agreement to give being a separate
racketeering act) which were not legally due to accused 1, upon whom the
powers had been conferred and/or who had the duties as set out in the
preamble, with the intention to influence accused 1 to commit and/or omit to do
any act in relation to his powers and/or duties to further the interests of Shaik
and/or the entities associated with Shaik and/or the Thomson-CSF group and/or
accused 2 and/or accused 3 as set out in the preamble and/or with the intention
to reward accused 1 because he so acted in excess of such powers or any
neglect of such duties, as set out in the preamble
AND WHEREAS accused 2 and/or accused 3 in the period from approximately
May 1996 unlawfully and corruptly made common purpose with Shaik and/or the
other entities associated with Shaik.
[Total schedule payments from 25 October 1995 to 26 April 2004:
•

No. of payments:

606

 55

•

Aggregate amount: R3 015 484.59]

RACKETEERING ACTS 1215-1391:
(In respect of accused 1):
CORRUPTION in contravention of section 3(a) read with sections 1, 2, 21, 24, 25
and 26 of the Prevention and Combating of Corrupt Activities Act, No. 12 of
2004. [SCHEDULE BENEFITS FOR THE PERIOD 27 APRIL 2004 TO 1 JULY
2005]
IN THAT on or about the dates specified in column B of the schedule (from 27
April 2004 onwards) and at or near Durban in the district of Durban, accused 1
directly or indirectly and wrongfully accepted and/or agreed and/or offered to
accept the gratifications, being the schedule benefits specified in column C of
the schedule (from 27 April 2004 onwards), from another person, to wit: Shaik
and/or the other entities mentioned in column E of the schedule (from 27 April
2004 onwards), in order to act and/or omit to act, personally and/or by influencing
another person to act, in a manner:
a. that amounts to the illegal, dishonest, unauthorized, or biased exercise,
carrying out or performance of any powers, duties or functions arising out
of a constitutional, statutory, contractual or other obligation; and/or
b. that amounts to:
•

the abuse of a position of authority

•

a breach of trust; and/or

•

the violation of a legal duty or a set of rules; and/or

c. that is designed to achieve an unjust result; and/or

 56

d. that amounts to an unauthorized or improper inducement to do or not to
do anything.
TO WIT by furthering and/or having furthered the interests of Shaik and/or the
entities associated with Shaik and/or the Thomson-CSF group and/or accused 2
and/or accused 3 as set out in the preamble.
[Total schedule payments from 27 April 2004 to 1 July 2005:
•

No. of payments:

•

Aggregate amount: R1 057 015.26]

177

ALTERNATIVELY TO EACH OF RACKETEERING ACTS 1215 TO 1388
ABOVE:

RECEIVING

AN

UNAUTHORISED

GRATIFICATION

in

contravention of section 10(a) read with sections 1, 2, 21, 25 and 26 of the
Prevention and Combating of Corrupt Activities Act, No. 12 of 2004.
[I.R.O. SCHEDULE BENEFITS FOR THE PERIOD 27 APRIL 2004 TO 14
JUNE 2005]
IN THAT on or about the dates specified in column B of the schedule (from
27 April 2004 to 14 June 2005) and at or near Durban in the district of
Durban, accused 1, being a party to an employment relationship as
described in the preamble, directly or indirectly and wrongfully accepted
and/or agreed and/or offered to accept the unauthorized gratifications, being
the schedule benefits specified in column C of the schedule (from 27 April
2004 to 14 June 2005) from another person, to wit: Shaik and/or the other
entities mentioned in column E of the schedule (from 27 April 2004 to 14
June 2005), either for his own benefit or for the benefit of another person, in
respect of his doing any act in relation to the exercise, carrying out or
performance of his powers, duties or functions within the scope of his
employment relationship, more particularly as described in the preamble.
[Total schedule payments from 27 April 2004 to 14 June 2005:

 57

•

No. of payments:

•

Aggregate amount: R656 452.20]

174

RACKETEERING ACTS 1392-1567:
(In respect of accused nos 2 and 3)
THAT the accused are guilty of the crime of CORRUPTION in contravention of
section 3(b) read with sections 1, 2, 21, 24, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004. . [SCHEDULE BENEFITS
FOR THE PERIOD 27 APRIL 2004 TO 1 JULY 2005]
IN THAT on or about the dates specified in column B of the schedule (from 27
April 2004 onwards) and at or near Durban in the district of Durban, Shaik and/or
the other entities mentioned in column E of the schedule (from 27 April 2004
onwards), directly or indirectly and wrongfully gave and/or agreed and/or offered
to give the gratifications being the schedule benefits specified in column C of the
schedule (from 27 April 2004 onwards) to or for the benefit of another person, to
wit: accused 1 and/or his family members, in order for accused 1 to act and/or
omit to act, personally and/or by influencing another person to act, in a manner:
a. that amounts to the illegal, dishonest, unauthorized, or biased exercise,
carrying out or performance of any powers, duties or functions arising out
of a constitutional, statutory, contractual or other obligation; and/or
b. that amounts to:
•

the abuse of a position of authority

•

a breach of trust; and/or

•

the violation of a legal duty or a set of rules; and/or

c. designed to achieve an unjust result; and/or

 58

d. that amounts to an unauthorized or improper inducement to do or not to
do anything.
TO WIT by furthering and/or having furthered the interests of Shaik and/or the
entities associated with Shaik and/or the Thomson-CSF group and/or accused 2
and/or accused 3 as set out in the preamble.
AND WHEREAS accused 2 and/or accused 3 unlawfully and corruptly made
common purpose with Shaik and/or the other entities associated with Shaik.
[Total schedule payments from 27 April 2004 to 1 July 2005 :
No. of payments:

177

Aggregate amount: R1 057 015.26]
ALTERNATIVELY TO EACH OF RACKETEERING ACTS 1393 TO 1564
ABOVE: GIVING AN UNAUTHORISED GRATIFICATION in contravention
of section 10(b) read with sections 1, 2, 21, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004.
[I.R.O. SCHEDULE BENEFITS FOR THE PERIOD 27 APRIL 2004 TO 14
JUNE 2005]
IN THAT on or about the dates specified in column B of the schedule (from
27 April 2004 to 14 June 2005) and at or near Durban in the district of
Durban, Shaik and/or the other entities mentioned in column E of the
schedule (from 27 April 2004 to 14 June 2005), wrongfully gave, directly or
indirectly, and/or agreed and/or offered to give the gratifications, being the
schedule benefits specified in column C of the schedule (from 27 April 2004
to 14 June 2005) to accused 1, being a person who is party to an
employment relationship as described in the preamble, either for his own
benefit or for the benefit of another person, in respect of his doing any act in
relation to the exercise, carrying out or performance of his powers, duties or

 59

functions within the scope of his employment relationship, more particularly
as described in the preamble.
AND WHEREAS accused 2 and/or accused 3 unlawfully and corruptly made
common purpose with Shaik and/or the other entities associated with Shaik.
[Total schedule payments from 27 April 2004 to 14 June 2005:
•

No. of payments:

•

Aggregate amount: R656 452.20]

174

RACKETEERING ACT 1568:
(In respect of accused 1):
CORRUPTION in contravention of section 1(1)(b) read with section 3 of the
Corruption Act, No. 94 of 1992. [I.R.O. SPECIFIC CORRUPTION: THE ANNUAL
BENEFITS OF R500 000 PER ANNUM]
•

As described in Count 4

RACKETEERING ACT 1569:
(In respect of accused 2 and 3)
CORRUPTION in contravention of 1(1)(a) read with section 3 of the Corruption
Act, No. 94 of 1992. [I.R.O. SPECIFIC CORRUPTION: THE ANNUAL
BENEFITS OF R500 000 PER ANNUM]
•

As described in Count 5

RACKETEERING ACT 1570:
(In respect of accused 1 to 3)
MONEY-LAUNDERING in contravention of section 4, read with sections 1 and 8
of POCA

 60

•

As described in Count 6
ALTERNATIVELY
ACQUISITION OF THE PROCEEDS OF CRIME in contravention of
section 6, read with sections 1 and 8 of POCA
•

As described in the Alternative to Count 6

RACKETEERING ACTS 1571, 1572 AND 1573:
(In respect of accused 1):
FRAUD
•

As described in Counts 7 - 9

RACKETEERING ACTS 1574 TO 1582:
(In respect of accused 1):
FRAUD
• As described in Counts 10 to 18
IN THE FIRST ALTERNATIVE
MAKING FALSE STATEMENTS IN INCOME TAX RETURNS in
contravention of Section 104(1)(a), read with Section 66 of the Income
Tax Act, No. 58 of 1962
•

As described in the First Alternative to Counts 10 to 18

IN THE SECOND ALTERNATIVE
FAILING TO SHOW GROSS INCOME OR MATERIAL FACTS IN TAX
RETURNS in contravention of Section 75(1)(c) read with Sections 1 and
66 of the Income Tax Act, No. 58 of 1962.

 61

. As described in the Second Alternative to Counts 10 to 18

62

CHAPTER 4:

INCOME TAX OFFENCES (COUNTS 10-18)

AND WHEREAS:
159.

Accused 1 was registered for Income Tax in terms of the Income Tax
Act, No. 58 of 1962 (the Income Tax Act), with registration number
2125/024/20/4.

160.

Accused 1 was obliged to declare his gross income as defined in
Section 1 of the Income Tax Act;

161.

Accused 1 was resident in the Republic of South Africa.

162.

Accused 1 had failed to submit income tax returns for the tax years
ended 28 February 1995 to 2003. On 11 September 2003, accused 1’s
income tax returns for the said years 1995 to 2003 were signed on
behalf of accused 1 by Shaik and submitted to the South African
Revenue Service (SARS).

163.

Accused 1’s income tax return for the year ended 28 February 2004
was also signed on behalf of accused 1 by Shaik. It is undated but it
was received by SARS on or before 27 June 2005.

164.

Accused 1 was aware that the schedule payments were not declared
in his income tax returns that were signed and submitted on his behalf
as described above.

 63

CHAPTER 5:

MISCELLANEOUS

AND WHEREAS
A.

COMMON PURPOSE
165.

At all material times all the accused acted in pursuance of a common
purpose with each other, the Nkobi companies and Shaik to commit
the offences set out in this indictment.

B.

MINIMUM SENTENCE
166.

The minimum sentences of 15 years imprisonment prescribed in terms
of section 51(2)(a) read with Part II of schedule 2 to the Criminal Law
Amendment Act, No. 105 of 1997, are applicable to each of the
following counts:
Count 2 and the alternative and sub-counts to count 2;
Count 3 and the alternative and sub-counts to count 3;
Count 4;
Count 5;
Count 7;
Count 8;
Count 9;
Count 15;
Count 16;
Count 18.

C.

SECTION 332 OF AT NO. 51 OF 1977 APPLICABLE

 64

167.

The provisions of section 332 (1), (2), (3), (4), (10) and (11) of Act No.
51 of 1977 are applicable to the accused.

 65

CHAPTER 6:

THE CHARGES

NOW THEREFORE the State alleges:
COUNT 1
(Accused 1 - 3)
THAT the accused are guilty of the crime of CONDUCTING AN ENTERPRISE
THROUGH A PATTERN OF RACKETEERING ACTIVITIES in contravention of
section 2(1)(e) read with Sections 1, 2(2) and 3 of the Prevention of Organised
Crime Act, No. 121 of 1998, as amended
IN THAT from a date more precisely unknown to the prosecution but before and
including 25 October 1995 and continuing thereafter to 1 July 2005 and at or
near Durban in the district of Durban, the accused whilst employed by and/or
associated with an enterprise, to wit the Nkobi Enterprise described in the
Racketeering Preamble hereto, conducted or participated in the conduct, directly
or indirectly, of such Enterprise’s affairs through a pattern of racketeering activity,
to wit:
•

The planned, ongoing, continuous or repeated participation or involvement
in any of the predicate offences as set forth in Racketeering Acts 1- 1582;
and/or

•

Including the commission of two or more of the predicate offences.

 66

COUNT 2
(In terms of section 156 of Act 51 of 1977, only against accused 1)
THAT accused 1 is guilty of the crime of CORRUPTION in contravention of
section 1(1)(b) read with section 3 of the Corruption Act, No. 94 of 1992
IN THAT during the period 25 October 1995 to 1 July 2005 and at or near Durban
in the district of Durban, accused 1, upon whom the powers had been conferred
and/or who had the duties as set out in the preamble, unlawfully and corruptly
received the abovementioned schedule and/or service and/or facility benefits,
which were not legally due, from Shaik and/or the other entities mentioned in
column E of the schedule with the intention that he should commit and/or omit to
do any act in relation to his powers and/or duties to further the interests of Shaik
and/or the entities associated with Shaik and/or the Thomson-CSF group and/or
accused 2 and/or accused 3 as set out in the preamble and/or to be rewarded for
having committed or omitted to do any act constituting any excess of such
powers or any neglect of such duties, as set out in the preamble.
[Total schedule payments from 25 October 1995 to 1 July 2005:
•

No. of payments:

•

Aggregate amount: R4 072 499.85]

783

IN THE ALTERNATIVE TO COUNT 2 (AS SEPARATE COUNTS)
SUBCOUNT 1:
(In terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT the accused is guilty of the crime of CORRUPTION in contravention of
section
1(1)(b) read with section 3 of the Corruption Act, No. 94 of 1992.

 67

IN THAT during the period 25 October 1995 to 26 April 2004 and at or near
Durban in the district of Durban, accused 1, upon whom the powers had been
conferred and/or who had the duties as set out in the preamble, unlawfully and
corruptly received the abovementioned schedule and/or service and/or facility
benefits, which were not legally due, from Shaik and/or the other entities
mentioned in column E of the schedule with the intention that he should commit
and/or omit any act in relation to his powers and/or duties to further the interests
of Shaik and/or the entities associated with Shaik and/or the Thomson-CSF
group and/or accused 2 and/or accused 3 as set out in the preamble and/or to be
rewarded for having committed or omitted to do any act constituting any excess
of such powers or any neglect of such duties, as set out in the preamble.
[Total schedule payments from 25 October 1995 to 26 April 2004:
•

No. of payments:

•

Aggregate amount: R3 015 484.59]

606

SUBCOUNT 2:
(In terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT the accused is guilty of the crime of CORRUPTION in contravention of
section 3(a) read with sections 1, 2, 21, 24, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004.
IN THAT during the period 27 April 2004 to 1 July 2005 and at or near Durban in
the district of Durban, accused 1 directly or indirectly and wrongfully accepted
and/or agreed and/or offered to accept the gratifications, being the service and/or
facility benefits and/or the schedule benefits specified in column C of the
schedule from 27 April 2004 onwards, (the schedule benefits being on or about
the dates specified in column B of the schedule from 27 April 2004 onwards)
from another person, to wit: Shaik and/or the other entities mentioned in column
E of the schedule from 27 April 2004, in order to act and/or omit to act, personally
and/or by influencing another person to act, in a manner:

 68

a.

that amounts to the illegal, dishonest, unauthorized, or biased exercise,
carrying out or performance of any powers, duties or functions arising out
of a constitutional, statutory, contractual or other obligation; and/or

b.

that amounts to:
•

the abuse of a position of authority

•

a breach of trust; and/or

•

the violation of a legal duty or a set of rules; and/or

c.

designed to achieve an unjust result; and/or

d.

that amounts to an unauthorized or improper inducement to do or not to
do anything.

TO WIT by furthering and/or having furthered the interests of Shaik and/or the
entities associated with Shaik and/or the Thomson-CSF group and/or accused 2
and/or accused 3 as set out in the preamble.
ALTERNATIVELY TO SUBCOUNT 2
(in terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT the accused is guilty of the crime of RECEIVING AN UNAUTHORISED
GRATIFICATION BY A PERSON WHO IS PARTY TO AN EMPLOYMENT
RELATIONSHIP in contravention of section 10(a) read with sections 1, 2, 21, 25
and 26 of the Prevention and Combating of Corrupt Activities Act, No. 12 of
2004. (In terms of section 156 of Act 51 of 1977, only against accused 1)
IN THAT during the period 27 April 2004 to 14 June 2005 and at or near Durban
in the district of Durban, accused 1, being a party to an employment relationship
as described in the preamble, directly or indirectly and wrongfully accepted
and/or agreed and/or offered to accept the unauthorized gratifications, being the

 69

service and/or facility benefits and/or the schedule benefits specified in column
C of the schedule from 27 April 2004 to 14 June 2005, (the schedule benefits
being on or about the dates specified in column B of the schedule from 27 April
2004 to 14 June 2005), from another person, to wit: Shaik and/or the other
entities mentioned in column E of the schedule from 27 April 2004 to 14 June
2005, either for his own benefit or for the benefit of another person, in respect of
his doing any act in relation to the exercise, carrying out or performance of his
powers, duties or functions within the scope of his employment relationship, more
particularly as described in the preamble.

 70

COUNT 3
(in terms of section 156 of Act No. 51 of 1977, only against accused 2 and 3)
THAT accused 2 and 3 are guilty of the crime of corruption in contravention of
section 1(1)(a) read with section 1(2) and 3 of the Corruption Act, No. 94 of 1992
IN THAT during the period 25 October 1995 to 1 July 2005 and at or near Durban
in the district of Durban, Accused 2 and 3, acting in concert with Shaik and/or the
other entities mentioned in column E of the schedule unlawfully and corruptly
gave the abovementioned service and/or facility benefits and/or the schedule
benefits specified in column C of the schedule, which were not legally due, to
accused 1, upon whom the powers had been conferred and/or who had the
duties as set out in the preamble, with the intention to influence accused 1 to
commit and/or omit any act in relation to his powers and/or duties to further the
interests of Shaik and/or the entities associated with Shaik and/or the ThomsonCSF group and/or accused 2 and/or accused 3 as set out in the preamble and/or
with the intention to reward accused 1, because he so acted in excess of such
powers or any neglect of such duties, as set out in the preamble
AND IN THAT accused 2 and 3, and at or near Durban in the district of Durban
and/or Lynnwood and/or Waterkloof in the district of Pretoria and/or Midrand in
the district of Sandton and/or London in the United Kingdom and/or Paris, France
and/or at other places both within and outside the Republic unknown to the State,
wrongfully and unlawfully and corruptly associated themselves with and/or relied
on the said benefits to accused 1, as a means to obtain the said assistance from
accused 1 in respect of the ADS dispute as mentioned above, for the benefit of
accused 2 and 3 and the Thomson-CSF group,
AND/OR IN THAT accused 2 and 3, during the period and at the places
aforementioned, wrongfully and unlawfully and corruptly assisted Shaik and/or
the other entities mentioned in column E of the schedule to maintain the said
benefits to accused 1, by joining with Shaik in obtaining accused 1’s approval for

 71

the partnership between Shaik and Nkobi Investments, on the one hand, and
accused 3, on the other hand, in the ADS acquisition as described in the
preamble, and thereby ensuring the survival of the Nkobi group and ensuring that
Shaik and the Nkobi group would be sufficiently in funds derived from future ADS
dividends to give the said benefits to accused 1,
AND/OR IN THAT accused 2 and 3 wrongfully and unlawfully and corruptly and
with the intention of preventing the said corrupt benefits from being discovered,
agreed to make the annual payments to accused 1 as described in the preamble.
IN THE ALTERNATIVE TO COUNT 3 (AS SEPARATE COUNTS)
SUBCOUNT 1:
(In terms of section 156 of Act No. 51 of 1977, only against accused 2 and 3)
That accused 2 and 3 are guilty of the crime of corruption in contravention of
section 1(1)(a) read with section 1(2) and 3 of the Corruption Act, No. 94 of 1992
IN THAT during the period 25 October 1995 to 26 April 2004 and at or near
Durban in the district of Durban, Shaik and/or the other entities mentioned in
column E of the schedule unlawfully and corruptly gave the abovementioned
schedule and/or undetermined and/or service and/or facility benefits, which were
not legally due, to accused 1, upon whom the powers had been conferred and/or
who had the duties as set out in the preamble, with the intention to influence
accused 1 to commit and/or omit any act in relation to his powers and/or duties to
further the interests of Shaik and/or the entities associated with Shaik and/or the
Thomson-CSF group and/or accused 2 and/or accused 3 as set out in the
preamble and/or with the intention to reward Zuma because he so acted in
excess of such powers or any neglect of such duties, as set out in the preamble
AND IN THAT accused 2 and 3, during the period May 1996 to 26 April 2004,
and at or near Durban in the district of Durban and/or Lynnwood and/or

 72

Waterkloof in the district of Pretoria and/or Midrand in the district of Sandton
and/or London in the United Kingdom and/or Paris, France and/or at other places
both within and outside the Republic unknown to the State, wrongfully and
unlawfully and corruptly associated themselves with and/or relied on the said
benefits to accused 1 as a means to obtain the said assistance from accused 1 in
respect of the ADS dispute as mentioned above, for the benefit of accused 2 and
3 and the Thomson-CSF group
AND/OR IN THAT accused 2 and 3, during the period and at the places
aforementioned, wrongfully and unlawfully and corruptly assisted Shaik and/or
the other entities mentioned in the schedule to maintain the said benefits to
accused 1, by joining with Shaik in obtaining accused 1’s approval for the
partnership between Shaik and Nkobi Investments, on the one hand, and
accused 3, on the other hand, in the ADS acquisition as described in the
preamble, and thereby ensuring the survival of the Nkobi group and ensuring that
Shaik and the Nkobi group would be sufficiently in funds derived from future ADS
dividends to give the said benefits to accused 1
AND/OR IN THAT accused 2 and 3 wrongfully and unlawfully and corruptly and
with the intention of preventing the said corrupt benefits from being discovered,
agreed to make the annual payments to accused 1 as described in the preamble.
SUBCOUNT 2:
(In terms of section 156 of Act No. 51 of 1977, only against accused 2 and 3)
THAT the accused are guilty of the crime of CORRUPTION in contravention of
section 3(b) read with sections 1, 2, 21, 24, 25 and 26 of the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004.
IN THAT during the period 27 April 2004 to 1 July 2005 and at or near Durban in
the district of Durban and/or Lynnwood and/or Waterkloof in the district of
Pretoria and/or Midrand in the district of Sandton and/or London in the United

 73

Kingdom and/or Paris, France and/or at other places both within and outside the
Republic unknown to the State, accused 2 and 3 were party to a common
purpose, together with Shaik and/or the Nkobi group of companies, to directly or
indirectly and wrongfully give and/or agree and/or offer to give the gratifications,
being the service and/or facility benefits and/or the schedule benefits specified in
column C of the schedule from 27 April 2004 to or for the benefit of another
person, to wit: accused 1 and/or his family members, in order for accused 1 to
act and/or omit to act, personally and/or by influencing another person to act, in a
manner:
a. that amounts to the illegal, dishonest, unauthorized, or biased exercise,
carrying out or performance of any powers, duties or functions arising out
of a constitutional, statutory, contractual or other obligation; and/or
b. that amounts to:
•

the abuse of a position of authority

•

a breach of trust; and/or

•

the violation of a legal duty or a set of rules; and/or

c. designed to achieve an unjust result; and/or
d. that amounts to an unauthorized or improper inducement to do or not to
do anything.
TO WIT by furthering and/or having furthered the interests of Shaik and/or the
entities associated with Shaik and/or the Thomson-CSF group and/or accused 2
and/or accused 3 as set out in the preamble.

ALTERNATIVELY TO SUBCOUNT 2
(In terms of section 156 of Act No. 51 of 1977, only against accused 2 and 3)

 74

THAT the accused are guilty of the crime of OFFERING AN UNAUTHORISED
GRATIFICATION TO A PERSON WHO IS PARTY TO AN EMPLOYMENT
RELATIONSHIP in contravention of section 10(b) read with sections 1, 2, 21, 25
and 26 of the Prevention and Combating of Corrupt Activities Act, No. 12 of
2004.
IN THAT during the period 27 April 2004 to 14 June 2005 and at or near Durban
in the district of Durban, accused Nos 2 and 3 were party to a common purpose,
together with Shaik and/or the Nkobi group of companies, wrongfully to give,
directly or indirectly, and/or agree and/or offer to give the gratifications, being the
service and/or facility benefits and/or the schedule benefits specified in column
C of the schedule from 27 April 2004 to 14 June 2005 to accused 1, being a
person who is party to an employment relationship as described in the preamble,
either for his own benefit or for the benefit of another person, in respect of his
doing any act in relation to the exercise, carrying out or performance of his
powers, duties or functions within the scope of his employment relationship, more
particularly as described in the preamble.

 75

COUNT 4
(in terms of section 156 of Act No. 51 of 1977, only against accused 1)

THAT accused 1 is guilty of the crime of corruption in contravention of section
1(1)(b) read with section 1(2) and 3 of the Corruption Act, No. 94 of 1992
IN THAT during the period prior to 30 September 1999 to 2001 and at or near
Durban in the district of Durban, accused 1, upon whom the powers had been
conferred and/or who had the duties as set out in the preamble, unlawfully and
corruptly agreed to receive and/or received and/or obtained and/or attempted to
obtain the said annual benefits, which were not legally due, from Thomson-CSF
and/or accused 2 and 3 and/or with the assistance of and/or through the
intermediation of accused 2 and 3, with the intention that he should commit
and/or omit any act in relation to his powers and/or duties to further the interests
of Thomson-CSF and/or accused 2 and 3 and/or Shaik and the Nkobi group
and/or the entities associated with them, as set out in the preamble and/or to be
rewarded for having committed or omitted to do any act constituting any excess
of such powers or any neglect of such duties, as set out in the preamble.

 76

COUNT 5
(in terms of section 156 of Act No. 51 of 1977, only against accused 2 and 3)
THAT accused 2 and 3 are guilty of the crime of corruption in contravention of
section 1(1)(a) read with section 1(2) and 3 of the Corruption Act, No. 94 of 1992
IN THAT during the period prior to 30 September 1999 to 2001, and at or near
Durban in the district of Durban and/or Lynnwood and/or Waterkloof in the district
of Pretoria and/or Midrand in the district of Sandton and/or Paris, France and or
Mauritius and/or at other places both within and outside the Republic unknown to
the State, accused 2 and 3, and/or Thomson-CSF with the assistance of and/or
through the intermediation of accused 2 and 3 unlawfully and corruptly agreed
and/or offered to give and/or gave the abovementioned annual benefits, as
described in the preamble, which were not legally due, to accused 1, upon whom
the powers had been conferred and/or who had the duties as set out in the
preamble, with the intention to influence accused 1 to commit and/or omit any act
in relation to his powers and/or duties to further the interests of Thomson-CSF
and/or accused 2 and 3 and/or Shaik and the Nkobi group and/or the entities
associated with them, as set out in the preamble and/or with the intention to
reward Zuma because he so acted in excess of such powers or any neglect of
such duties, as set out in the preamble.

 77

COUNT 6
(Accused 1-3)
THAT the accused are guilty of the crime of money-laundering in contravention of
section 4, read with sections 1 and 8 of the Prevention of Organised Crime Act,
No. 121 of 1998
WHEREAS the accused knew or ought reasonably to have known that property
[to wit: the annual benefits of R500 000 per annum, as described in the
preamble], was or formed part of the proceeds of unlawful activities [to wit: the
crimes or contraventions of the law mentioned in counts 4 and/or 5]
In that during the period prior to 30 September 1999 to 2001 and at or near
Durban in the district of Durban and/or Lynnwood and/or Waterkloof in the district
of Pretoria and/or Midrand in the district of Sandton and/or Paris, France and/or
Mauritius and/or at other places both within and outside the Republic unknown to
the State, the accused, acting in the furtherance of a common purpose,
wrongfully and unlawfully entered into an agreement or engaged in an
arrangement or transaction and/or performed any other act with one or some or
all of the following:
•

Each other; and or

•

Shaik; and/or

•

other relevant entities within the Nkobi group as described in the
preamble; and/or

•

Thomson-CSF; and/or

•

Thomson-CSF International (France); and/or

•

Perrier; and/or

•

de Jomaron; and/or

•

Thétard; and/or

•

Thales International Africa Ltd (Mauritius)

 78

in connection with the said property [to wit : the agreements, arrangements,
transactions or other acts mentioned in the preamble relating to the payment of
the bribe by covert means and/or the so-called service provider agreement
and/or the Nkandla development]
Which had or was likely to have had the effect (i)

of concealing or disguising the nature, source, location, disposition or
movement of the said property or the ownership thereof or any interest
which anyone may have in respect thereof, and/or

(ii)

of enabling or assisting one or some or all of the following:
•

the accused; and/or

•

Shaik; and/or

•

other relevant entities within the Nkobi group as described in the
preamble; and/or

•

Thomson-CSF; and/or

•

Thomson-CSF International (France); and/or

•

Perrier; and/or

•

de Jomaron; and/or

•

Thétard; and/or

•

Thales International Africa Ltd (Mauritius)

who had committed or were committing an offence, whether in the
Republic or elsewhere [to wit : the offences mentioned in counts 1 and/or
2 and/or 3 and/or 4 and/or 5 and/or any of their alternative or sub-counts] (aa)

to avoid prosecution, and/or

(bb)

to remove or diminish the said property acquired directly, or
indirectly, as a result of the commission of the said offence.

 79

ALTERNATIVELY TO COUNT 6
(Accused 1-3)
THAT the accused are guilty of the crime of the acquisition, possession or use of
proceeds of unlawful activities in contravention of section 6, read with sections 1
and 8 of the Prevention of Organised Crime Act, No. 121 of 1998
WHEREAS the accused knew or ought reasonably to have known that property
[to wit: the annual benefits of R500 000 per annum, as described in the
preamble] formed part of the proceeds of unlawful activities of another person:
TO WIT :
•

In the case of accused 1: the crimes or contraventions of the law
mentioned in count 5;

•

In the case of accused 2 and/or 3: the crimes or contraventions of the law
mentioned in count 4; and/or

•

In the case of all the accused: the crime of corruption in contravention of
section 1(1)(a) read with section 3 of the Corruption Act, No 94 of 1992,
committed by the following:
•

Shaik; and/or

•

other relevant entities within the Nkobi group as described in the
preamble; and/or

•

Thomson-CSF; and/or

•

Thomson-CSF International (France); and/or

•

Perrier; and/or

•

de Jomaron; and/or

•

Thétard; and/or

•

Thales International Africa Ltd (Mauritius)

 80

In that during the period prior to 30 September 1999 to 2001 and at or near
Durban in the district of Durban and/or Lynnwood and/or Waterkloof in the district
of Pretoria and/or Midrand in the district of Sandton and/or Paris, France and/or
Mauritius and/or at other places both within and outside the Republic unknown to
the State:
•

Accused 1, acting in the furtherance of a common purpose, wrongfully and
unlawfully acquired, used, or had in his possession the said property, as
described in the Preamble; and/or

•

Accused 2 and/or 3, acting in the furtherance of a common purpose,
wrongfully and unlawfully assisted the following:
•

Accused 1; and/or

•

Shaik; and/or

•

other relevant entities within the Nkobi group as described in the
preamble; and/or

•

Thomson-CSF; and/or

•

Thomson-CSF International (France); and/or

•

Perrier; and/or

•

de Jomaron; and/or

•

Thétard; and/or

•

Thales International Africa Ltd (Mauritius)

To acquire, use, or have in their possession the said property, as described in
the Preamble.

 81

COUNT 7
(in terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT accused 1 is guilty of the crime of FRAUD
IN THAT during the period 18 June 1999 to 14 June 2005 and at or near Durban
in the District of Durban and/or Cape Town in the District of Cape Town, the
accused unlawfully and with intent to defraud, falsely and to the prejudice, either
real or potential, of the Registrar of Members’ Interests and/or of Parliament
GAVE OUT to the to the aforesaid persons and/or institution, in his declaration of
financial interests in terms of the Parliamentary Code of Conduct in Regard to
Financial Interests that he had received no financial sponsorships or assistance
and/or other benefit of a material nature for the abovementioned period, and/or
Failed to disclose to the abovementioned persons and/or entities, when there
was a legal duty so to disclose, that he had received financial sponsorship or
assistance and/or other benefit of a material nature for the abovementioned
period
WHEREAS in truth and in fact he well knew that he had received the financial
sponsorships or assistance and or benefits, being the service and/or facility
benefits and/or the schedule benefits specified in column C of the schedule from
18 June 1999 to 14 June 2005, which benefits were of a material nature.
[Aggregate of undeclared schedule benefits: 676 payments in the amount of R3
126 213.70]

 82

COUNT 8
(in terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT accused 1 is guilty of the crime of FRAUD
IN THAT during the period 28 September 2000 to 14 June 2005 and at or near
Durban in the District of Durban and/or Cape Town in the District of Cape Town,
the accused unlawfully and with intent to defraud, falsely and to the prejudice,
either real or potential, of the Secretary to Cabinet and/or to Cabinet
GAVE OUT to the to the aforesaid persons and/or institution, in his declaration of
financial interests in terms of sections 5 read with sections 1 and 6 the Executive
Ethics Code, promulgated in terms of section 2(1) of the Executive Members’
Ethics Act, No. 82 of 1998, that he had received no financial sponsorships or
assistance and/or other benefit of a material nature for the abovementioned
period, and/or
Failed to reveal to the abovementioned persons and/or entities, when there was
a legal duty so to reveal, that he had received financial sponsorship or assistance
and/or other benefit of a material nature for the abovementioned period
WHEREAS in truth and in fact he well knew that he had received the financial
sponsorships or assistance and or benefits, being the service and/or facility
benefits and/or the schedule benefits specified in column C of the schedule from
28 September 2000 to 14 June 2005, which benefits were of a material nature.
[Aggregate of undeclared schedule benefits: 613 payments in the amount of R2
813 705.71]

 83

COUNT 9
(in terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT accused 1 is guilty of the crime of FRAUD
IN THAT during or about 12 March 2003 and at or near Cape Town in the District
of Cape Town, the accused unlawfully and with intent to defraud, falsely and to
the prejudice, either real or potential, of Reinette Taljard MP and/or Parliament
GAVE OUT to the aforesaid person and/or institution, in a statement to
Parliament in response to a question by the said Reinette Taljard MP on 14
February 2003, that he had not met with Shaik and Thetard in Durban on 11
March 2000, nor with Thetard on any other day other than to discuss legitimate
matters relating to his portfolio
AND/OR failed to reveal, when he had a duty so to reveal, that he had met Shaik
and Thetard on 10 March 2000, if he had not met them on 11 March 2000
WHEREAS in truth and in fact he well knew that he had met with Shaik and
Thetard in Durban on 11 March 2000 alternatively on the 10 March 2000, and/or
that he had met Shaik and Thetard on either 10 or 11 March to discuss the
payment of a bribe, which matter to his knowledge did not relate to his legitimate
portfolio, and/or that he had met Shaik and Thetard on either 10 or 11 March to
discuss the acceptance of money other than relating to his legitimate portfolio.

 84

COUNTS 10 TO 18
(in terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT accused 1 is guilty of the crime of FRAUD
IN that on or about the dates mentioned in column 2 of annexure A and at or
near Durban, in the district of Durban, accused 1 unlawfully and with intent to
defraud, falsely and to the prejudice, either real or potential, of the Commissioner
of the South African Revenue Service (SARS) and/or SARS:
GAVE OUT to the aforesaid person and/or institution in his income tax return for
the tax year ended 28 February mentioned in column 3 of annexure A that:
1. the income tax return for the income tax period mentioned in column 3 of
annexure A was true and correct in every material respect; and/or
2. accused 1 had a gross income that excluded the amounts mentioned in
column 4 of annexure A; and/or
3. the said income tax returns reflected all gross income earned by accused 1
during the said tax period; and or
FAILED TO DISCLOSE the said amounts mentioned in column 4 of annexure A
in the said income tax returns for the years mentioned in column 3 of annexure
A, when there was a legal duty on accused 1 to disclose all income earned by
him during the said tax periods;
AND did then and there and by means of the said false pretences and/or failure
to disclose, induce the said Commissioner of SARS to their actual or potential
prejudice as aforementioned, to believe the false representations and/or to fail to
take into account the amounts mentioned in column 4 of annexure A for the
purposes of accused 1’s income tax assessments and/or to assess accused 1 in

 85

amounts that excluded the amounts mentioned in column 5 and/or column 6 of
annexure A
WHEREAS in truth and in fact, when accused 1 gave out and pretended as
aforesaid, he well knew that the said representations were false and that:
1. the income tax return for the income tax period mentioned in column 3 of
annexure A was not true and correct in every material respect; and/or
2. accused 1 had a gross income more by the amounts mentioned in column 4
of annexure A; and/or
3. accused 1 had a gross income more by the amount of the notional interest
that would have been charged on the interest-free and/or deferred interest
portion of the schedule payments mentioned in column 4 of annexure A, in
the event that such payments were loans, resulting in the additional tax
liability mentioned in column 6 of annexure A; and/or
4. the said income tax returns did not reflect all gross income earned by
accused 1 during the said tax period
AND that accused 1 did thus commit the offence of Fraud
IN THE FIRST ALTERNATIVE TO EACH OF COUNTS 10 TO 18
(In terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT accused 1 is guilty of contravening Section 104(1)(a), read with Section 66
of the Income Tax Act, No. 58 of 1962, as amended.
IN THAT on or about the dates mentioned in column 2 of annexure A and at or
near Durban, in the district of Durban, accused 1 unlawfully and with the intention
to evade assessment or taxation, made or allowed to be made false statements

 86

or entries in the Income Tax returns for the tax years mentioned in column 3 of
annexure A, which returns were submitted in accordance with Section 66 of the
Income Tax Act, or signed such statements or returns without reasonable
grounds for believing the same to be true;
AND IN THAT the gross income declared falsely failed to include the gross
income mentioned in column 4 of annexure A, and/or the notional interest that
would have been charged on the interest-free and/or deferred interest portion of
the schedule payments mentioned in column 4 of annexure A, in the event that
such payments were loans.
IN THE SECOND ALTERNATIVE TO EACH OF COUNTS 10 TO 18
(In terms of section 156 of Act No. 51 of 1977, only against accused 1)
THAT accused 1 is guilty of contravening Section 75(1)(c) read with Sections 1
and 66 of the Income Tax Act, No. 58 of 1962, as amended.
IN THAT on or about the dates mentioned in column 2 of annexure A and at or
near Durban, in the district of Durban, accused 1 unlawfully failed to show in the
returns mentioned in column 3 of annexure A, made by him and/or on his
behalf, the gross income mentioned in column 4 of annexure A, received by or
accrued to or in favour of himself; and/or the notional interest that would have
been charged on the interest-free and/or deferred interest portion of the schedule
payments mentioned in column 4 of annexure A, in the event that such
payments were loans; and/or
Failed to disclose to the Commissioner of SARS, when he made such returns,
any material facts which should have been disclosed, to wit:
•

the gross income mentioned in column 4 of annexure A; and/or

 87

•

in the event that such payments were loans, the taxable portion of the
schedule benefits mentioned in column 4 of annexure A, being the
notional interest that would have been charged on the interest-free and/or
deferred interest portion of the schedule payments mentioned in column 4
of annexure A,; and/or

•

In the event that the payments mentioned in column 4 of annexure A
were loans, such payments should have been, but were not, reflected
under assets and liabilities in the said income tax return; and/or

•

In the event that such payments were donations, such payments should
have been, but were not reflected in Part 13 of the said income tax returns
as “Receipts”.

 88

CHAPTER 7:

SIGNATURE PAGE

Thus signed and authorized in my name at PRETORIA on this
the

day of

2007.

AUBREY THANDA MNGWENGWE
INVESTIGATING DIRECTOR:
DIRECTORATE OF SPECIAL OPERATIONS
ooo000ooo

 ANNEXURE A TO INDICTMENT AND SUMMARY OF FACTS
COLUMN 1
COUNT
NO.

10
11
12
13
14
15
16
17
18

TOTAL

COLUMN 2
DATE
OF
ANNUAL
INCOME
TAX
RETURN
11 Sept
2003
11 Sept
2003
11 Sept
2003
11 Sept
2003
11 Sept
2003
11 Sept
2003
11 Sept
2003
11 Sept
2003
During
the
period
after 28
February
2004 to
27 June
2005 on
a precise
date to
the
prosecuti
on
unknown

COLUMN
3
TAX YEAR
ENDED 28
FEBRUARY
1996

COLUMN 4

COLUMN 5

SCHEDULE
AMOUNT
UNDECLARED
:RANDS

ADDITIONAL
TAX
LIABILITY:
GROSS
INCOME
3500.00
1 633.00

COLUMN 6
ADDITIONAL
TAX LIABILITY :
INTEREST FREE
LOANS
148.00

1997

44 500.00

20 025.00

2 273.00

1998

262 476.40

118 114.00

16 046.00

1999

174 014.69

78 307.00

39 309.00

2000

181 648.12

81 742.00

44 273.00

2001

549 475.73

230 780.00

57 299.00

2002

590 694.98

248 092.00

87 097.00

2003

470 304.41

188 122.00

131 571.00

2004

502 889.87

201 156.00

144 453.00

2 779 514.20 1 167 971.00

522 470.00

 IN THE HIGH COURT OF SOUTH AFRICA
(NATAL PROVINCIAL DIVISION)
In the matter of: THE STATE
versus
1.

JACOB GEDLEYIHLEKISA ZUMA

2.

THINT HOLDING (SOUTHERN AFRICA) (PTY) LTD
(formerly known as Thomson-CSF Holding (Southern Africa) (Pty) Ltd)
(hereinafter also referred to as Thomson Holdings)
(as represented by Pierre Jean-Marie Robert Moynot)

3.

THINT (PTY) LTD
(formerly known as Thomson-CSF (Pty) Ltd)
(hereinafter also referred to as Thomson (Pty))
(as represented by Pierre Jean-Marie Robert Moynot)

(hereinafter also referred to as the accused)

SUMMARY OF SUBSTANTIAL FACTS IN TERMS OF SECTION 144(3)(a) OF
ACT 51 OF 1977

CHAPTER 1:

THE PARTIES RELEVANT TO THE CHARGES

A. THOMSON-CSF/THALES/THINT GROUP
The Group
1.

The French Thomson-CSF (hereinafter referred to as Thomson-CSF)
group of companies has global industrial interests, including interests
in the international arms industry.

 2

2.

Thomson-CSF was later renamed the Thales group of companies.

3.

Thomson-CSF International (France), which later became Thales
International, is a division within the Thomson-CSF group.

4.

Thomson-CSF International was headed at all relevant times by JeanPaul Perrier (hereinafter referred to as Perrier).

5.

Thales International in its turn had a subsidiary Thales International
Africa Ltd (Mauritius).

6.

Thales International Africa was headed at all relevant times by Yann
Leo Renaud de Jomaron (hereinafter referred to as de Jomaron).

Thint Holdings (Accused 2)
7.

On 21 May 1996, Thomson-CSF Holding (Southern Africa) (Pty) Ltd
was incorporated in South Africa to promote the development of South
African industry by entering into joint ventures.

8.

Thomson Holdings had an authorized share capital of 100 ordinary
shares at a nominal value of R1000.00 per share. On 27 May 1996, 85
shares were issued to Thomson-CSF (France), 10 shares to Nkobi
Investments (see below) and 5 shares to Gestilac SA (Switzerland).
On 9 June 1998, the authorised share capital was increased with 17
000 1% redeemable non-cumulative preference shares at R1 000.00
per share and 14 450 shares were issued to Thomson-CSF (France).
On 26 July 1999, Gestilac SA transferred its 5 ordinary shares in
Thomson

Holdings

to

Thomson-CSF

(France)

for

$1 000.00

(R6 145.00). On 27 July 1999, Thomson-CSF (France) transferred its
90 ordinary shares to Thomson-CSF International (France) for R90

 3

701.98. The effect of these transactions was that Thomson-CSF
International (France) and Nkobi Investments became the only
shareholders in Thomson Holdings.
Also on 27 July 1999 Thomson-CSF (France) transferred 14 450
preference shares to Thomson-CSF International (France) for R14 554
679.00.
On 29 September 1999, the authorised share capital was increased
with 22 412 ordinary shares at R1 000.00 per share. On 29 September
1999, 22 412 ordinary shares were issued to Thomson-CSF
International (France). On 30 July 1999, Nkobi Investments transferred
its 10 ordinary shares to Thomson-CSF International (France) for
R500 000.00. The effect of this transaction resulted in Thomson
Holdings being wholly owned by Thomson-CSF International (France).
On 4 April 2001, Thales International (formerly Thomson-CSF
International), transferred 22 512 ordinary shares and 14 450
preference shares to Thales International Africa Ltd (Mauritius), the
latter company thereby replacing the former as sole shareholder of
Thomson Holdings.
9.

Thomson Holdings changed its name to THINT Holding (Southern
Africa) (Pty) Ltd on 23 October 2003.

10.

Schabir Shaik (hereinafter referred to as Shaik) was a director from the
date of incorporation in 1996 to 30 September 1999, when he resigned
from the board.

11.

Alain Thétard (hereinafter referred to as Thétard) was appointed as a
director on 1 April 1998. Thétard resigned from the board on 30
January 2002.

 4

12.

Pierre Jean-Marie Robert Moynot (hereinafter referred to as Moynot)
was a director from the date of incorporation in 1996 to 1 April 1998,
when he resigned from the board. He was re-appointed as a director
on 1 October 2002 and he remains as such.

Thint (Pty) (Accused 3)
13.

On 16 July 1996 Thomson-CSF (Pty) Ltd was incorporated in South
Africa, also to promote the development of South African industry by
entering into joint ventures.

14.

Thomson Holdings has been the majority shareholder and Nkobi
Investments the minority shareholder since 1 August 1996 when 70
shares were issued to Thomson Holdings and 30 to Nkobi
Investments. On 16 September 1999 the share capital was increased
and on 29 September 1999 shares were issued to Thomson Holdings
and Nkobi Investments to cause Thomson Holdings to become the
owner of 75% and Nkobi Investments 25% of Thomson (Pty).

15.

Thomson (Pty) changed its name to THINT (Pty) Ltd on 19 August
2003.

16.

Shaik was a director since the date of incorporation in 1996 to 13 June
2005 when he resigned from the board.

17.

Thétard was appointed as a director on 1 April 1998 and resigned on
30 January 2002.

18.

Moynot was a director from the date of incorporation in 1996 to 1 April
1998, when he resigned from the board. He was re-appointed as a
director on 16 January 2004 and he remains as such.

 5

B. THE NKOBI GROUP
Nkobi Holdings
19.

Nkobi Holdings (Pty) Ltd was registered on 27 February 1995 as a
holding company.

It was initially wholly owned by Shaik. The

shareholding went through various permutations subsequently. Shaik
has an effective majority shareholding in Nkobi Holdings, through his
interests in the following shareholders of Nkobi Holdings, namely Star
Corp SA (Pty) Ltd, Clanwest Investments (Pty) Ltd and Floryn
Investments (Pty) Ltd.
20.

Nkobi Holdings’ only investment is Nkobi Investments.

21.

Floryn Investments is ostensibly wholly owned by Shaik. He initially
intended to hold the shares as nominee or cedent for the African
National Congress, which would have made the latter, from the point of
view of Shaik and/or the Nkobi group, a 10% shareholder in Nkobi
Holdings.

Nkobi Investments
22.

Nkobi Investments (Pty) Ltd was registered on 24 February 1995 as an
investment company.

It was initially wholly owned by Shaik.

The

shareholding went through various permutations until, on 20 August
1998, Nkobi Holdings became the sole shareholder.
23.

As described above, Nkobi Investments had an initial minority
shareholding in Thomson Holdings. In addition it had, and continues to
have, a minority shareholding (25%) in Thomson (Pty).

Other relevant corporate entities within the Nkobi group

 6

24.

The following companies are all entities within the Nkobi group, being
100% owned by Nkobi Investments. (There are a number of other
entities within the Nkobi group.)
a.

Kobifin (Pty) Ltd

b.

Kobitech (Pty) Ltd

c.

Proconsult (Pty) Ltd

d.

Pro Con Africa (Pty) Ltd

e.

Kobitech Transport Systems (Pty) Ltd

Other relevant corporate entities
25.

Shaik was the sole shareholder and a director of Clegton Investments
(Pty) Ltd.

26.

Shaik was the majority shareholder and sole director of Chartley
Investments (Pty) Ltd.

Control of the Nkobi group and other relevant entities
27.

Shaik was at all relevant times a director of, and exercised effective
control over, all the corporate entities within the Nkobi group and the
other relevant corporate entities mentioned above (Floryn Investments
(Pty) Ltd, Clegton Investments (Pty) Ltd and Chartley Investments
(Pty) Ltd).

C. AFRICAN DEFENCE SYSTEMS (PTY) LTD
28.

African Defence Systems (Pty) Ltd (hereinafter also referred to as
ADS) was first registered in 1967 under another name. After a history
of various owners, Thomson-CSF (France) acquired 7 000 001 shares

 7

on 14 April 1998, to become a joint shareholder (50% plus one share)
with Allied Technologies Ltd. On 19 February 1999 Allied Technologies
Ltd transferred its shareholding in ADS to Thomson-CSF (France). On
9 June 1999 Thomson-CSF (France) transferred its shareholding in
ADS to Thomson-CSF International (France). On 15 September 1999
Thomson-CSF International (France) transferred its shareholding in
ADS to Thomson (Pty) (80%) and FBS Holdings (Pty) Ltd (20%).
D. ZUMA (ACCUSED 1)
29.

During the period relevant to this indictment, accused 1 held several
high-ranking offices both in the provincial and national executive and in
the ANC. Accused 1, by virtue of the various offices he held, had the
powers, both formal and de facto and/or duties attendant to such
offices. While it is not possible to comprehensively define these powers
and duties, they included at least the various powers and duties set out
below.

MEC for Economic Affairs and Tourism in KZN (May 1994 to 17 June
1999)
30.

Accused 1 was a member of the KwaZulu-Natal (KZN) legislature and
the Minister of Economic Affairs and Tourism for the Province of
KwaZulu-Natal from May 1994.

31.

As such, accused 1 was clothed in the powers of a member of the
provincial Parliament (MPP) and provincial executive (MEC) inter alia
as set out in section 125 of the Constitution of the Republic of South
Africa, 1996 (the Constitution) and the corresponding provisions of Act
200 of 1993 (the Interim Constitution) as well as powers specifically
conferred upon him by the Premier of the province in terms of section
132 (2) of the Constitution. These powers included attending

 8

meetings, being privy to the discussions of and participating in the
decision-making processes of the Provincial Executive Council. He
also exercised political authority over the KZN Department of
Economic Affairs and Tourism, which included the determination of
departmental policy and confirming the appointment of certain
departmental officials. He was accordingly, by virtue of his office, in a
position to exercise considerable influence in the affairs of the
department.
32.

Less formally, accused 1 had inter alia the power to compose and
dispatch correspondence on official ministerial letterhead carrying the
weight of his office and generally to influence both local and foreign
businessmen and companies intent upon doing business in KZN.

33.

Both the interim and final Constitutions imposed certain duties upon
accused 1 by virtue of his office as a MEC of a province. In terms of
section 149 of the Interim Constitution accused 1 may not have(8) taken up any other paid employment, engaged in any activities
inconsistent with his membership of the Executive Council, or
exposed himself to any situation which carried with it the risk of a
conflict between his responsibilities as a member of the Executive
Council and his private interests; or
(9) used his position as such to enrich himself or any other person.

34.

In terms of section 136 of the (final) Constitution accused 1 may not
have(a) undertaken any other paid work;

 9

(b) acted in any way that was inconsistent with his office, or exposed
himself to any situation involving the risk of a conflict between his
official responsibilities and private interests; or
(c) used his position or any information entrusted to him, to enrich
himself or improperly benefit any other person.
35.

Accused 1’s duties were further circumscribed by the Code of Conduct
contained in the Ministerial Handbook of 1994, which remained in force
until substituted by an updated version on 5 May 1999, which contains
similar provisions. In addition to explicitly compelling a Minister and/or
MEC to observe and uphold the Constitution, the Code specifically
provides inter alia that:
1.2 (c) Ministers shall perform their duties in the interests of the nation
as a whole and in defence and promotion of the integrity of the
nation, avoiding measures which would prejudice the national
welfare.
1.3(a) All Ministers shall at all times observe practices that are free
from all forms of corruption and shall not use their office,
position or privileged information to distribute favours or
patronage nor to seek or obtain any personal fortune or favour.
1.3(d) Ministers shall not play any active role in profit making
institutions.
1.3(g) Ministers may only accept small gifts and gifts offered on official
occasions, provided that they have satisfied themselves that the
gifts are not being presented to influence them in an improper
manner.

 10

Deputy President of the African National Congress (December 1997 to
date)
36.

In December 1997 accused 1 was elected Deputy President of the
African National Congress (“ANC”). Prior to this he held the position of
Provincial Chairman of the ANC in KZN.

37.

In terms of Rule 16.2 of the African National Congress Constitution as
amended and adopted at the 50th National Conference in December
1997, the duties and functions of the Deputy President are described
as follows:
“The Deputy President shall assist the President, deputise for him or
her when necessary and carry out whatever functions are entrusted to
him or her by the National Conference, the President or the NEC
(National Executive Committee). He or she shall be an ex-officio
member of the NWC (National Working Committee).”

38.

In terms of Rule 16.1 of the African National Congress Constitution as
amended and adopted at the 50th National Conference in December
1997, the President has, inter alia, the following duties and functions:
“…He or she shall:…
b. Make pronouncements for and on behalf of the NEC outlining and
explaining the policy or attitude of the ANC on any question…
d. Under the overall supervision of the NEC, orient and direct the
activities of the ANC.”

39.

In terms of Rule 26.3.2 of the African National Congress Constitution
as amended and adopted at the 50th National Conference in December
1997, the following shall be regarded as serious offences:

 11

c. Behaving corruptly in seeking or accepting any bribe for performing
or for not performing any task;
d. Engaging in……abuse of office to obtain…..any other undue
advantage from members or others;
e. Abuse of elected or employed office in the organization or in the
State to obtain any direct or indirect undue advantage or
enrichment.
40.

It follows that the Deputy President of the ANC has a duty to refrain
from such activities.

Deputy President of South Africa and Leader of Government Business
(17 June 1999 to 14 June 2005)
41.

Accused 1 was appointed as Deputy President of the Republic of
South Africa and a member of the National Assembly of Parliament on
17 June 1999.

42.

As Deputy President, accused 1 was in terms of section 90 of the
Constitution, clothed with the powers and functions of the President
(as set out in sections 84 and 85 of the Constitution) whenever the
latter was out of the Republic or otherwise unable to fulfill his duties. In
terms of section 91(5) of the Constitution, the Deputy President is also
responsible for assisting the President in the execution of the functions
of government and for executing any powers and functions assigned
to him by the President in terms of section 91(2).

 12

43.

As a member of the national Cabinet, accused 1 had the power to
attend meetings and be privy to the discussions of and participate in
the decision-making processes of Cabinet.

44.

Less formally, accused 1 had inter alia the power to compose and
dispatch correspondence on official letterhead of the Presidency
carrying the weight of that office, meet with government officials and
influential persons from countries around the world and generally to
exercise the influence attendant upon the holder of the second highest
office in the government of this country.

45.

The Constitution imposed certain duties upon accused 1 by virtue of
his office as a member of the cabinet. In terms of section 96(2) of the
Constitution, accused 1 may not have(a)

undertaken any other paid work;

(b)

acted in any way that was inconsistent with his office, or exposed
himself to any situation involving the risk of a conflict between his
official responsibilities and private interests; or

(c)

used his position or any information entrusted to him, to enrich
himself or improperly benefit any other person.

46.

The Code of Conduct in Regard to Financial Interests, as adopted by
the Joint Meeting of the Rules Committees of the National Assembly
and the Senate on 21 May 1996, applied to him in his capacity as a
member of the National Assembly. In terms of paragraph 1.1 of the
Code, accused 1 was duty bound to maintain the highest standards of
propriety to ensure that his integrity and that of the political institutions
in which he served were beyond question. In terms of paragraph 1.2,
accused 1 was duty bound not to have placed himself in a position

 13

which conflicts with his responsibilities as a public representative in
Parliament, nor may he have taken any improper benefit, profit or
advantage from the office of Member. He was also duty bound to
disclose to the Registrar of Members Interests all registrable financial
interests, including outside remuneration, gifts and hospitality and any
other benefit of a material nature.
47.

Accused 1’s duties were further circumscribed by the Code of Conduct
contained in the Ministerial Handbook of 5 May 1999, which contains
provisions similar to those set out in paragraph 35 above. This Code of
Conduct circumscribed the conduct of Ministers until replaced by the
Executive Ethics Code of 2000.

48.

The Executive Ethics Code of 2000 promulgated in terms of section
2(1) of the Executive Members Ethics Act, No. 82 of 1998 applied to
accused 1 in his capacity as Deputy President and member of
Cabinet. It too imposed a duty on accused 1 to maintain the highest
standards of ethical propriety and expanded on his constitutional
duties by prohibiting him from, inter alia:
(a)

willfully misleading the legislature;

(b)

undertaking any other paid work;

(c)

acting in any way that is inconsistent with his office;

(d)

exposing himself to any situation involving the risk of a conflict
between his official responsibilities and his private interests;

(e)

using his position or any information entrusted to him, to enrich
himself or improperly benefit any other person; or

 14

(f)

acting in a way that may compromise the credibility or integrity of
his office or of the government.

49.

The Executive Ethics Code furthermore imposed a duty on accused 1
to disclose the same financial interests to the Secretary of Cabinet as
he was obliged to disclose to Parliament and, in addition, to disclose
his liabilities.

50.

In June 1999 accused 1 was also appointed Leader of Government
Business in the National Assembly of Parliament in terms of section
91(4) of the Constitution. His functions included acting as a link
between the executive and parliament and ensuring that legislation
emanating from the executive reached parliament on time.

 15

CHAPTER 2:

THE BENEFITS

E. ACCUSED 1’S BENEFIT FROM SHAIK, THE NKOBI GROUP, THINT AND
OTHER RELEVANT ENTITIES
General Corruption
51.

Accused 1 to 3, Shaik and the companies comprising the Nkobi group
(“the Nkobi Group”) formed a common purpose to bribe accused 1
through an ongoing series of payments from Shaik and the Nkobi
Group to and on behalf of Zuma, as set out in the schedule, and
through various services provided free of charge by Shaik and the
Nkobi Group to accused 1, as described more fully hereunder. The
common purpose between accused 1, Shaik and the Nkobi Group was
formed on or before 25 October 1995. Accused 2 and 3 became party
to this common purpose.

52.

Shaik and/or the relevant corporate entities within the Nkobi group
and/or the other relevant corporate entities have benefited accused 1
in the period 25 October 1995 to 1 July 2005, through 783 payments
totaling R4 072 499.85 (Four million and seventy two thousand four
hundred and ninety nine Rand and eighty five cents), as set out in the
schedule (hereinafter referred to as the “schedule benefits”). This
was by way of payments from Shaik and/or the relevant corporate
entities within the Nkobi group and/or the other relevant corporate
entities to accused 1 and various parties for the benefit of accused 1.

53.

On 28 February 1999 an amount of R1 282 027.63 was irregularly
written off in the Nkobi accounting records (Kobifin (Pty) Ltd) under the
description of “Development costs of Prodiba”. Included in the amount
so written-off as development costs were various amounts paid to

 16

accused 1, totaling R283 451.16. The balance represented amounts
that Shaik and Floryn Investments (Pty) Ltd owed to the Nkobi group.
This resulted in the misrepresentation of the 1999 Annual Financial
Statements of Kobifin (Pty) Ltd, in that accounts receivable or director’s
and/or related third party loans were understated. Alternatively,
retained income was overstated. More importantly, the record of the
bulk of the payments to/on behalf of accused 1 up to that date, and any
obligation by accused 1 to repay such amounts as may have been said
to exist, were effectively expunged from the books of the Nkobi Group.
54.

As a result of the questioning of Nkobi’s external auditors (Davis
Strachan

and

Taylor

–

“DS&T”)

by

Directorate

of

Special

Investigations (“DSO”) investigators in 2002, the write-off of the loan
accounts as Development Costs was declared to be a “fundamental
error” in terms of a letter issued by DS&T on 11 Feb 2003. Several of
the payments so written off were consequently reversed in the 2002
Annual Financial Statements of Kobifin (Pty) Ltd. However, only R68
818.66 of the payments identified to and on behalf of accused 1,
originally included in the amount written off, formed part of the
reversal. In the result, identified payments to/on behalf of accused 1
totaling R214 632.50 remain written off in the books of the Nkobi
Group, despite the reversal in the 2002 restated annual financial
statements.
55.

The schedule payments to accused 1 make no legitimate business
sense, in that neither Shaik, the Nkobi group, nor the other relevant
entities could afford the payments, being at all times in a cash-starved
position (at least until August 2004), relying on and at times exceeding
bank overdrafts and thus effectively borrowing money from banks at
the prevailing interest rates to make the said payments interest free.
On the other hand, the group’s survival depended upon obtaining

 17

profitable new business, inter alia, with the assistance of accused 1,
and also accused 2 and 3.
56.

Furthermore, and whether the loans were affordable or not, it was not
the Nkobi group’s legitimate business to make payments to accused 1
or other politicians.

57.

Even during the period August 2004 to 1 July 2005, the average
positive cash balance of the group was substantially less than the
cumulative schedule payments to accused 1.

58.

Some of the schedule payments are described and/or treated in certain
Nkobi documents as loans, although the treatment is inconsistent. The
final accounting treatment of R1 137 722.48 of the total payments of
R4 072 499.85 does not reflect the payments as loans. However, the
schedule payments were intended by Shaik, the Nkobi Group and the
present accused as bribes, whatever their description.

59.

Even if the abovementioned schedule payments could properly be
regarded as loans, they nevertheless amounted to “benefits” within the
meaning of sections 1(1)(a) and (b) of Act No. 94 of 1992 and
“gratifications” within the meaning of sections 1, 3(a) and (b) and 10(a)
and (b) of Act No. 12 of 2004, as explained more fully below. The
schedule benefits were paid to accused 1 in circumstances where he
would not have been able to obtain such funding commercially. The
following features of the payments constitute benefits to accused 1:
a.

The facility of providing the funds to accused 1 is itself a benefit.

b.

Inasmuch as the funds may have been provided interest-free,
this is a benefit.

 18

c.

Inasmuch as interest may have purported to have been
charged, interest payments were deferred. This is a benefit.

d.

Inasmuch as capital payments may have purported to have
been due, these were deferred. This is a benefit.

e.

The funds were paid without security. This is not a usual
commercial practice with banks, more especially in respect of a
customer with accused 1’s risk profile. This accordingly
constitutes a benefit.

f.

An appraisal of a debtor’s ability to repay a loan is a matter of
some importance to banks and other commercial sources of
credit. Inasmuch as accused 1’s ability to repay the money that
Shaik and/or Nkobi advanced to him was and remains seriously
questionable, the “loans” are not commercial and they are a
benefit to accused 1. The notional interest payments alone are
beyond any legitimate means of repayment available to accused
1.

g.

Despite Nkobi’s precarious position with the banks, Shaik and
Nkobi made no effort to recover any of the payments from
accused 1. This failure to demand repayment is itself a benefit
to accused 1. Shaik did not intend to enforce the terms of the
“loan” and neither has he done so. This is a benefit.

60.

The abovementioned benefits are hereinafter referred to as the “facility
benefits”.

61.

Shaik purported to act as accused 1’s financial adviser and/or special
economic adviser without charging any fee or demanding any lawful

 19

remuneration for this service. In this capacity Shaik provided the
following types of services free of charge:
a.

Managing accused 1’s financial affairs;

b.

Corresponding with and meeting accused 1’s creditors;

c.

Negotiating

with

accused

1’s

creditors

and

their

legal

representatives;
d.

Corresponding with, meeting and dealing with accused 1’s
bankers, and introducing accused 1 to new bankers and
services;

e.

Providing legal advice and services to accused 1 through
Shaik’s/Nkobi’s attorneys;

f.

Utilizing the administrative, secretarial and personnel resources
of the Nkobi group for managing the affairs of accused 1 and his
family;

g.

Attending to the accommodation requirements of accused 1;

h.

Attending to the financial and other affairs of accused 1’s family
members;

i.

Assisting accused 1 to complete his tax returns;

j.

Assisting accused 1 to complete the prescribed declarations of
interests to Parliament and to the Secretary to the Cabinet.

 20

62.

The abovementioned services, provided free of charge, constitute
benefits to accused 1 (hereinafter referred to as the “service
benefits”).

General corruption giving rise to the specific corruption
63.

During 1998, accused 1 intervened and assisted Shaik, the Nkobi
group and the Thomson-CSF group to resolve a dispute that had
arisen regarding Nkobi’s participation with accused 3 in the acquisition
of ADS. The details are described more fully below.

64.

From the point of view of Nkobi, this was an instance of obtaining the
assistance of accused 1 to ensure the group’s survival by obtaining
profitable new business.

65.

From the point of view of accused 1, this was an instance of him using
his powers as MEC and/or Deputy President of the ANC to further the
private business interests of Shaik and the Nkobi Group.

66.

From the Thomson-CSF perspective, this was an instance of obtaining
advance political support, approval or assurance from accused 1 for its
choice of South African partners to gain an advantage over its bidding
competitors for business relating to the arms deal described below.

67.

Accused 1’s assistance as described, and his anticipated assistance
relating to the arms deal was informal and it did not form part of the
official bidding/selection process.

68.

The abovementioned dispute was resolved in principle with accused
1’s assistance during 1998. The legalities pursuant to the agreement in
principle regarding the restructuring that ensured Nkobi’s participation
in ADS with accused 3 were completed in September 1999.

 21

69.

On 9 September 1999, Patricia de Lille gave notice in Parliament that
she wished to table a motion regarding alleged irregularities in the
arms deal. The Presidency immediately issued a statement denying
accused 1’s involvement. De Lille’s motion was tabled in Parliament on
21 September 1999. The matter received extensive publicity.

70.

Also at about this time and on 28 September 1999, the Minister of
Defence approved the arms deal as a subject for the Auditor General’s
special review.

Specific corruption
71.

In the period 1999 to 2000, accused 2 and 3 (acting through Thétard)
and/or Thomson-CSF (France) and/or Thomson-CSF International
(France) and/or Thales International Africa Ltd (Mauritius) (acting
through Perrier and/or de Jomaron) conspired with Shaik and his Nkobi
group and accused 1, to pay accused 1 the amount of R500 000 per
annum (hereinafter referred to as “the annual benefits”) as a bribe in
exchange for accused 1’s protection of the Thomson-CSF group in
respect of the investigation into the corvettes (“Project Sitron”) part of
the arms deal and for his support of the Thomson-CSF group for future
projects. These annual payments were to continue until the first
payment of dividends by ADS.

72.

Shaik, also acting on accused 1’s behalf, had met with Thétard on 30
September 1999 to convey accused 1’s request for a bribe to Thétard.
Thereafter, and also in furtherance of the common purpose to achieve
the objectives of the conspiracy to pay and receive the bribe and to
secure accused 1’s protection of and support for the Thomson-CSF
group as described, contact between the conspirators continued. This
was by way of correspondence and meetings between Shaik, Thétard

 22

(acting as director of accused 2 and 3 and as the representative of the
Thomson-CSF group in South Africa), accused 1, Perrier and/or de
Jomaron.
73.

It was agreed between the parties that the bribes would not be paid
directly to accused 1, but that some method of payment would be
employed that was calculated to disguise the true nature of the
payments so as to avoid detection. Consequently, during the period
late 2000 to early 2001, Kobifin (Pty) Ltd entered into a so-called
“service provider agreement” with Thomson-CSF International Africa
Ltd in Mauritius, as a device to conceal or disguise the true nature and
source of the payment of the bribe. In terms of the agreement,
remuneration was to be paid in installments of R250 000. The first two
installments were initially due before the end of December 2000 and
on 28 February 2001 respectively. Shaik stipulated that the total
remuneration was to be R1 million.

74.

Accused 1 needed funds to pay for the development of his traditional
residential village estate at Nkandla in rural northern KZN. Plans for
the

development

were dated March 2000.

The development

commenced in approximately July 2000. The final tender amount
agreed to was R1 340 000 (after the development was commenced
with). The development was finalized during March 2001. Various
arrangements were made during the construction and subsequently to
provide finance on accused 1’s behalf. At no stage during construction
and thereafter has accused 1 been able to settle the outstanding
amount or obtain finance without the intervention and assistance of
third parties, including arrangements for payment through Shaik in
accordance with the agreement to disguise payments to accused 1
described above.

 23

75.

On 16 February 2001, R249 725.00 was transferred from Thales
International Africa – Mauritius to the ABSA current account of
Kobitech (Pty) Ltd as a first payment in pursuance of the
abovementioned scheme.

76.

Within eight days (on 24 February 2001) and in furtherance of the
common purpose to bribe accused 1, Kobitech (Pty) Ltd paid R250 000
to Development Africa, a trust to which accused 1 was indebted to the
sum of R 1 million, in reduction of accused 1’s liability to Development
Africa.

77.

At the same time, Kobitech (Pty) Ltd issued three post-dated cheques,
with numbers sequential to the first paid cheque of R250 000, each
also in the amount of R250 000 and each in favour of Development
Africa.

78.

The payment to Development Africa and the issuing of the post-dated
cheques were for the credit of accused 1.

79.

On 19 April 2001 Kobitech (Pty) Ltd requested ABSA Bank to stop
payment on the three cheques each for R250 000 in favour of
Development Africa.

80.

On 4 September 2001 Shaik received a deposit of R175 000 from
Kobitech (Pty) Ltd. On 5 September 2001 a cheque to the value of
R125 000 was drawn against Shaik’s account in favour of
Development Africa. On 17 September 2001 a further cheque of R125
000 was drawn against Shaik’s account in favour of Development
Africa.

81.

The schedule and/or facility and/or service and/or annual benefits
received and/or to be received by accused 1 as aforementioned from

 24

or on behalf of Shaik and/or the other relevant corporate entities, as
set out above, constituted benefits within the meaning of section 1(1)
of Act No. 94 of 1992 which were not legally due to accused 1.
82.

The schedule and/or facility and/or service and/or annual benefits
received and/or to be received by accused 1 as aforementioned from
or on behalf of Shaik and/or the other relevant corporate entities, as
set out above, also constituted gratifications within the meaning of
section 1 of Act 12 of 2004, as explained more fully below.

83.

The benefits advanced to accused 1, for all the reasons mentioned
above, were corruptly made in furtherance of an ongoing scheme and
common purpose to influence accused 1 to use his office or position to
advance the private business interests of Shaik and/or the ThomsonCSF group, including accused 2 and 3 and/or to reward accused 1 for
so doing.

 25

CHAPTER 3:

THE BUSINESS INTERESTS

F. THE PRIVATE BUSINESS INTERESTS OF SHAIK, THE NKOBI GROUP
AND THE THOMSON-CSF GROUP
General
84.

Nkobi’s main business was to enter into joint ventures with local and
foreign companies with a view to obtaining lucrative government
contracts. Shaik made it clear that Nkobi’s role in joint ventures with
other partners was to provide political connections (as opposed to
financial resources or technical expertise). It was generally well
understood that the political connection was so strong from Shaik’s
side that there was no need for Nkobi to provide the money or the
expertise. Shaik’s political connections included pre-eminently his
connection with accused 1, which in turn was founded also on accused
1’s financial dependence on Shaik. Accused 1 well knew that Shaik’s
ability to continue financially supporting him depended on Shaik’s
business success, including his success with accused 2 and 3 and
their joint ventures. Shaik accords specific prominence to his
relationship with accused 1 in promotional material relating to the
Nkobi group.

Joint ventures between the Thomson and Nkobi groups
85.

Shareholders agreements were entered into between the Thomson
and Nkobi groups on 22 May and 17 July 1996. In terms of these
agreements, Thomson business in South Africa, conducted through
accused 3, would be in partnership with Nkobi.

86.

Consequently, Thomson and Nkobi were joint venture partners
(together with Denel) in obtaining the award of the contract for credit

 26

card type drivers’ licences during 1996 – 1997 (the Prodiba joint
venture).
87.

There were a number of joint ventures and possible future joint
ventures between Nkobi and Thomson, including projects in transport,
tourism, justice, finance, prisons, hospitals, water, the Durban airport,
the ID card contract, the N2, N3 and N4 road projects, the third cellular
telephone network, the arms deal set out below and other military
deals, and smart card technology.

The Arms Deal
88.

In the design for the South African Defence Force, which was
recommended in the Defence Review, various types of military
equipment were identified as being required by the Force.

89.

In order to procure the said military equipment, requests for information
were submitted on 23 September 1997 to various other countries, and
after receipt of such information by the closing date of 31 October
1997, requests for offers were issued to short-listed potential suppliers.

90.

The process to procure the various types of equipment was generally
known as the Strategic Defence Package Acquisition Programme, or
the arms deal.

The Formal and Informal Processes
91.

The formal evaluation of the competing bidders for contracts arising
from the arms deal was conducted through an ostensibly rigorous and
scientific evaluation process conducted by various committees of
military and other experts and representatives of the various interested
bodies. The final authority for awarding the contracts resided in an ad

 27

hoc committee of cabinet ministers chaired by the then Deputy
President Mbeki.
92.

However, a separate and parallel process of informal meetings and
communications occurred (hereinafter referred to as the “informal
process”) in which persons and entities interested in participating in the
contracts sought to glean information on the process and exert
influence, directly or indirectly, on formal decision makers. This also
held true in relation to the corvette program (Project Sitron).

93.

Through this informal process, it became known at an early stage,
even before the award and adjudication processes were completed, to
a select group of persons and entities (including Shaik, Thomson-CSF
and accused 2 and 3) that ADS was likely to be awarded the contract
for the supply of the combat suite for the corvettes.

Efforts by Thomson CSF to position itself to participate in the Corvette
Contract
94.

The need to upgrade the capacity of the navy’s surface vessels was
identified as early as 1993. A process to acquire such vessels was
launched and reached an advanced stage, but was subsequently
rejected by cabinet in favour of a more comprehensive process to
update equipment throughout the armed services. As part of this
comprehensive update, the acquisition of 4 patrol corvettes was
approved.

95.

Thomson-CSF was anxious to participate in this contract, preferably as
a primary contractor, failing which as a supplier of the combat suite. To
this end, it set about as early as 1995 to acquire an interest in ADS,
which it believed to be the favoured supplier of the combat suite,
through accused 2 and 3.

 28

The Selection of the Correct BEE Partner
96.

Thomson-CSF, and subsequently accused 2 and 3, were of the view
that in order to ensure their participation in the combat suite through
ADS, it was essential to acquire a local black economic empowerment
(BEE) partner. However, it was considered vital to select the “right”
BEE partner. The major criterion for the selection of such a partner
was its political connectivity (whether this was founded on one or more
corrupt relationships of mutual support or otherwise), since ThomsonCSF, and subsequently accused 2 and 3, were of the view that the
final decisions for the award of such contracts are always taken at a
political level. At the time of the joint venture agreement described
above, Nkobi was regarded as a BEE partner which met this criterion,
inter alia because of the corrupt relationship between Shaik and
accused 1.

97.

However, at approximately the same time as the request for
information was submitted by the South African government to foreign
suppliers in September 1997, Thomson-CSF became concerned that
its choice of Nkobi as its South African partner for the proposed
acquisition of ADS (all with a view to successfully bidding for the
combat suites as described), did not carry the approval of influential
figures within the South African government. It was thus decided that
the shares in ADS would be acquired directly by Thomson-CSF
(France) and not by accused 3, to the exclusion of Nkobi, until the
issue of suitable local partners could be resolved. This decision to
exclude Nkobi was despite the shareholders’ agreement between
Thomson and Nkobi. Consequently, Thomson-CSF (France) acquired
50% plus one share of ADS on 14 April 1998.

 29

98.

Due to the uncertainty of accused 2 and 3 as to the suitability of Nkobi
as the correct BEE partner, accused 2 and 3 entered into negotiations
with various other potential BEE partners, including a company styled
Coordinated Network Investments (Pty) Ltd (“CNI”, led by one Reuel
Khoza) and Futuristic Business Solutions (Pty) Ltd (“FBS”, led by the
former Chief of the SANDF, General Lambert Moloi)

The Resolution of the BEE Dilemma
99.

In response to the request for offers, inter alia for corvettes, the
German Frigate Consortium submitted an offer dated 11 May 1998 to
supply the corvettes. The bid included ADS as the proposed supplier of
the combat suites. It was also proposed in the bid that ADS would join
the joint venture as a consortium partner in the final contract.

100.

As indicated above, Nkobi was at this stage excluded from ADS.
Thomson-CSF, on the other hand, was urgently seeking the informal
political support it considered necessary to improve its chances of a
successful bid involving ADS.

101.

Moynot, as the then director of accused 2 and 3, suggested as early as
28 November 1997 that a meeting between Perrier and accused 1
should be sought, inter alia to resolve the issue of informal approval.

102.

Similarly, on 17 March 1998, Shaik indicated that accused 1 wished to
meet Perrier to resolve the issue.

103.

The resolution of the issue would include the prospect that Nkobi
should participate in ADS and ultimately share in the profits that were
to be derived from the arms deal. The prospective benefit to Nkobi
would also enable it to continue supporting accused 1.

 30

104.

Apart from the German Frigate Consortium, the South African
government also received offers from the other short-listed parties.
After the closing date for the receipt of offers on 13 May 1998, the next
step in the official process was to select a preferred bidder. The
Strategic Offers Committee met on 1 and 2 July 1998 for this purpose
and specifically to consolidate the scores of the various technical
teams that were evaluating various aspects of each bid.

105.

Accused 1 met Perrier in London on 2 July 1998 with Shaik, in
accordance with both Thomson’s and Shaik’s wishes. Thomson
required accused 1’s approval of its ADS partner. Shaik required his
approval of Nkobi as such ADS partner in order to cause Thomson to
reverse its decision to exclude Nkobi from the ADS acquisition.

106.

Accused 1 indicated that he approved of Nkobi as a suitable partner
and it was decided in principle to reverse the earlier Thomson decision
to exclude it from ADS.

107.

Chippy Shaik is Shaik’s brother. He was at this time Chief of
Acquisitions in the department of defence and as such he directed and
participated in the arms acquisition process. Thétard sought a meeting
with him on 3 July 1998, which was held on 8 July 1998. During this
meeting, Chippy Shaik indicated that he was aware of the meeting in
London on 2 July 1998 between accused 1, Perrier and Shaik at which
accused 1 had indicated his approval of Nkobi as a partner with
Thomson in ADS.

108.

The resolution of the dispute between Thomson and Nkobi was taken
further, once again with the assistance of accused 1, at a meeting on
18 November 1998 at the Nkobi offices in Durban. The formalities of
the earlier agreement were decided upon. In terms of the agreement
reached on 18 November 1998, Thomson-CSF (France) would sell to

 31

Nkobi Investments, through accused 3, an effective shareholding in
ADS. The result of this was that Nkobi Investments would become a
joint venture partner with Thomson in the German Frigate Consortium
bid and so joined the successful bidder in the corvette bid. The ADS
portion of the corvette contract was worth R1,3 billion, with R450
million coming directly to ADS and the balance going to subcontractors. In the result, the Nkobi and Thomson groups stood to
benefit from profits arising from the corvette contract.
109.

In addition to Nkobi, accused 2 and 3 also included FBS as a 20%
direct empowerment partner in ADS. CNI was ultimately excluded from
participation.

110.

The German Frigate Consortium bid was approved as the preferred
bidder by the South African cabinet on 18 November 1998.

111.

The actual transactions involving the sale of shares were registered in
1999. The most relevant transaction is that of 15 September 1999,
when Thomson-CSF International (France) transferred 25 500 000
shares in ADS to Thomson (Pty), giving Thomson (Pty) 80% of ADS
and consequently Nkobi Investments an indirect 20% interest in ADS.

112.

A negotiating phase between the South African government and the
German Frigate Consortium as the preferred bidder followed after 18
November 1998. The final contract was signed on 3 December 1999
between the government and a new consortium named the European
South Africa Patrol Corvette Consortium (ESAPCC). This new
consortium included ADS as a principal contractor to supply the
combat suites, as originally proposed in the German Frigate
Consortium bid.

 32

Protection against investigations pertaining to alleged irregularities in
respect of the arms deal
113.

During November 1998, the Defence Audit Centre of the Office of the
Auditor-General identified the procurement of the Strategic Defence
Package Acquisition Programme as a high-risk area from an audit
point of view and decided on the need to perform a special review of
the procurement process. On 28 September 1999 the Minister of
Defence, MPG Lekota, approved the Auditor General’s audit review
into the procurement process.

114.

Questions relating to alleged irregularities in the Strategic Defence
Package Acquisition Programme arose from September 1999. These
were raised in the press and in Parliament. Allegations of corruption in
respect of the award of the contract for the corvette programme were
raised in the media from February 2000. The allegations of corruption
included allegations against Chippy Shaik, Schabir Shaik, accused 1,
ADS and Thomson CSF.

115.

As the matter progressed, the South African government eventually
faced requests to appoint the Heath Special Investigation Unit to
investigate irregularities relating to the arms deal. This was endorsed
by the Parliamentary Standing Committee for Public Accounts
(SCOPA), whose 14th report recommending a joint investigation into
the arms deal process by the Auditor General, the Public Protector, the
Scorpions and the Heath Commission was adopted by Parliament on 3
November 2000. The report inter alia specifically raises concerns
regarding the possible role played by “influential parties” in determining
the choice of subcontractors (such as ADS) by prime contractors. The
Heath Special Investigation Unit was a statutory agency mandated to
investigate irregularities and had the power, in terms of the applicable

 33

legislation and the due process prescribed, to seek to set aside
contracts tainted by irregularities.
116.

There was a perception on the part of Shaik, the Nkobi group and
accused 2 and 3 that it would be in their interests to be protected
against such investigations, inter alia, because they did not wish it to
be discovered that accused 1 had intervened informally to assist in the
resolution of the ADS dispute for the benefit of the Nkobi and Thomson
groups, whilst receiving payments from Shaik and the Nkobi group. As
mentioned above, the bribe of R500 000 per annum was in exchange
for, inter alia, accused 1’s protection.

117.

In a letter dated 19 January 2001, signed in his capacity as “Leader of
Government Business” in Parliament, accused 1 addressed a long
letter to Gavin Woods, then chairperson of the Parliamentary Standing
Committee on Public Accounts. It included the contention that there
was no need for the Heath Unit to be involved in any investigation of
the arms deal. The letter was also copied to the various prime
contractors, one of which was the German Frigate Consortium, which
included Thomson CSF and ADS.

Furthering other private business interests of the accused
118.

The main business of the Nkobi group was to enter into joint ventures
with local and foreign businesses in order to secure contracts in the
public sphere. Shaik and the Nkobi group sought to secure business
partners and business opportunities primarily by trading on Shaik’s
political connectivity. This was done in three main ways:
•

Firstly by advertising Shaik’s “political connectivity” with inter alia
accused 1, for instance by advertising his relationship as “financial

 34

advisor” or “special economic advisor” to accused 1 in his various
offices;
•

Secondly by relying on accused 1 to meet or correspond with
prospective business partners in order to advance his/its private
business interests; and

•

Thirdly by threatening prospective business partners, explicitly or
impliedly, that he would resort to accused 1 if they did not act in
accordance with Shaik’s wishes.

119.

Accused 1 allowed Shaik to act in this manner as a result of the
schedule and/or facility and/or service benefits received from Shaik
and the Nkobi group, acting in common purpose with accused 2 and 3.

120.

In addition to the ADS instance described above, Shaik relied on
accused

1’s

name

and/or

assistance

in

negotiations

or

communications with or in respect of (inter alia) the following :
a.

David Wilson of the Renong Group of Malaysia concerning the
Point Development

b.

Peter Watt of Altron

c.

Deva Ponnoosami of Southern Crest Marketing Services and
Professor John Lennon of Glasgow Caledonian University
concerning the Eco-Tourism School

d.

Thomson-CSF France

e.

Kuwaiti businessmen Ali and Fouad Al-Ghanim

f.

The establishment of an Nkobi Bank

g.

Kent and Jeffrey Crane of Crane (Africa)(Pty) Ltd, and James
Roth of Roth International (USA)

h.

Hakim Belo-Osagie - Chairman of United Bank for Africa PLC
(Nigeria)

 35

i.

Grant Scriven of Venson PLC (UK)

j.

Jean-Marc Pizano of ATE

k.

The Indonesia – South Africa Business Club

l.

Haryono Eddyarto of PT Surveyor Indonesia

m.

The Cyprus Development Bank Limited

n.

Ron Coopersmith (USA)

o.

Bruce Allen Johnson of the Hudson Institute (USA)

p.

IGT (USA)

q.

Peter Shortt of the International Business and Development
Group (UK)

r.

John S Kendall of Unisys Corporation (USA)

s.

John Chettle of Freedman, Kroll and Simonds (USA)

t.

Dr Khalid Abdullah Tarique Al-Mansour

u.

PT Surveyor Indonesia

v.

Queen City Properties (Pty) Limited

w.

PFI Briefing

x.

Wilberforce Institute

y.

Aids project

z.

Her Majesty’s Consul

aa.

Procon Fischer (Pty) Limited

bb.

Professor Green Thompson

 36

CHAPTER 5:
121.

THE CHARGES

Accused 1 committed the crime of Corruption in contravention of the
Corruption Act, No. 94 of 1992 and/or the Prevention and Combating
of Corrupt Activities Act, No. 12 of 2004 by receiving the schedule,
facility and service benefits and gratifications in return for providing the
weight of all his offices in favour of the accused in the circumstances
described above, according to the currency of each respective Act, as
detailed in the Indictment. (Count 2 and its alternative and sub-counts).

122.

Accused 2 and 3 committed the crime of Corruption in contravention
of the Corruption Act, No. 94 of 1992 and/or the Prevention and
Combating of Corrupt Activities Act, No. 12 of 2004 by being party to a
common purpose to give to accused 1 the schedule, facility and
service benefits and gratifications as described above, according to the
currency of each respective Act, as detailed in the Indictment. (Count 3
and its alternative and sub-counts).

123.

Accused 1 committed the crime of Corruption in contravention of the
Corruption Act, No. 94 of 1992 by receiving the annual benefits as
described above, as detailed in the Indictment. (Count 4).

124.

Accused 2 and 3 committed the crime of Corruption in contravention of
the Corruption Act, No. 94 of 1992 by being party to a common
purpose to give to accused 1 the annual benefits as described above,
as detailed in the Indictment. (Count 5).

125.

All the accused committed the crime of Money–laundering in
contravention of section 4, read with sections 1 and 8 of the Prevention
of Organised Crime Act, No. 121 of 1998, by being party to a common
purpose to disguise the payment of the bribe by way of the annual

 37

benefits to accused 1 as described above, as detailed in the
Indictment. (Count 6).
126.

Alternatively, all the accused committed the crime of the acquisition,
possession or use of proceeds of unlawful activities in contravention of
section 6, read with sections 1 and 8 of the Prevention of Organised
Crime Act, No. 121 of 1998 by being party to a common purpose to
acquire, possess or use the annual benefits, being the proceeds of
corruption, to be paid to accused 1 as described above, as detailed in
the Indictment. (Alternatively to Count 6).

127.

Accused 1 committed the crime of Fraud by failing to declare all the
benefits to Parliament and the Secretary to the Cabinet as described
above, as detailed in the Indictment. (Counts 7 to 8).

128.

Accused 1 committed the crime of Fraud by failing to answer honestly
to a question in Parliament concerning the meeting in March 2000,
when the terms of the corruption involving the annual benefits were
settled between the accused and Shaik as described above, as
detailed in the Indictment. (Count 9)

129.

Accused 1 committed the crime of Fraud by failing to declare to SARS
the gross income which he received by way of the schedule benefits,
as described above, as detailed in the Indictment. (Counts 10 to 18)

130.

All the accused committed the crime of Racketeering in contravention
of Section 2(1)(e) read with Sections 1, 2(2) and 3 of the Prevention of
Organised Crime Act, No. 121 of 1998, by participating in the conduct,
directly or indirectly, of the Nkobi Enterprise’s affairs through a pattern
of racketeering activities, being all the various crimes and racketeering
acts in Counts 2 to 18. All the crimes were designed in one way or

 38

another, to further the aims of the Enterprise. This is detailed further

below.

39

CHAPTER 6:

THE RACKETEERING CHARGE (COUNT 1)

A. RACKETEERING OFFENCES IN GENERAL
131.

The Prevention of Organised Crime Act, No. 121 of 1998, (POCA)
includes provisions in Chapter 2 that make it a crime to engage in
racketeering.

132.

Section 1(1) of POCA states that an “‘enterprise’

includes any

individual, partnership, corporation, association, or other juristic person
or legal entity, and any union or group of individuals associated in fact,
although not a juristic person or legal entity”.
133.

Section 1(1) of POCA states that “[P]attern of racketeering activity”
means the planned, ongoing, continuous or repeated participation or
involvement in any offence referred to in Schedule 1 and includes at
least two offences referred to in Schedule 1, of which one of the
offences occurred after the commencement of this Act and the last
offence

occurred

within

10

years

(excluding

any

period

of

imprisonment) after the commission of such prior offence referred to in
Schedule 1.”
B. THE ENTERPRISE
134.

Nkobi Investments (Pty) Ltd was an enterprise within the meaning of
Section 1(1) of POCA, being a corporation within the meaning of
Section 1(1) of POCA (“the Enterprise”).

135.

At all material times, Shaik was a director, CEO and controlling
shareholder of Nkobi Investments and, as such, Shaik managed the
Enterprise.

 40

136.

The Enterprise had its main offices at Suite 502, Victoria Main Building,
71 Victoria Embankment, Durban.

137.

The Enterprise through its subsidiaries and associated companies, as
more specifically set forth in the General Preamble to the Indictment,
operated as an ostensibly legitimate group of companies, whose main
business was to form joint ventures with foreign and local businesses,
more particularly as a “Black Economic Empowerment” (“BEE”)
partner, and so to bid for lucrative contracts, primarily in the public
sphere.

138.

The Enterprise and its subsidiaries had little to offer in the way of
capital or expertise and relied primarily on Shaik’s much heralded
“political connectivity” to attract partners with these resources and to
secure an advantage over any competitors in obtaining contracts.

139.

Apart from the legitimate objectives of the Enterprise, it also pursued
certain illegitimate objectives, as set out further below, acting both in its
own capacity as well as through various subsidiaries and associated
companies and persons, including Shaik and the accused.

C. THE OBJECTS AND METHODS OF THE ENTERPRISE
In addition to the objects set forth in the General Preamble, the objects of the
Enterprise included, but were not limited to the following:
140.

To cultivate and maintain corrupt relationships with persons in
positions of political power and high government office, including
accused no. 1, in order to cultivate “political connectivity”;

 41

141.

To make payments to and on behalf of such persons in return for their
services in advancing the interests of the Enterprise as and when
required;

142.

It was part of the objectives of the Enterprise that it, its employees, and
persons and entities associated with it, would conceal or disguise
payments to persons of political power and high government office,
including accused 1;

143.

It was nevertheless also part of the objectives of the Enterprise to
procure funding or future funding from potential business partners, as
described in paragraph 147 below, through it reliance on political
connectivity, with the intention of enabling the Enterprise, its subsidiary
and associated companies and Shaik to maintain the payments to
persons of political power and high government office, including
accused 1, in return for their services in advancing the interests of the
Enterprise and its business partners as and when required;

144.

To advertise political connectivity to or create the perception of political
connectivity in the minds of potential business partners and thereby to
induce, persuade or intimidate such partners to enter into, and
maintain, joint venture agreements with the enterprise and on terms
favourable to the enterprise and thereby also to enable the Enterprise
to maintain its payments to persons of political power and high
government office;

145.

To attempt, through corrupt means, to secure lucrative contracts in the
public sphere, either alone or through joint venture partnerships with
other business partners;

146.

To secure financing in the form of capital investments and loans to
fund the operations of the enterprise;

 42

147.

To preserve and protect the enterprise, its members and its profits
through the use of political connections. Such preservation and
protection included protection against official investigations and/or
prosecution;

148.

Nevertheless to maintain the appearance that the Enterprise was a
legitimate business.

D. PERSONS AND ENTITIES EMPLOYED BY OR ASSOCIATED WITH THE
ENTERPRISE AND WHO PARTICIPATED IN THE CONDUCT OF ITS
AFFAIRS
These included inter alios:
Accused 1
149.

Accused 1 was employed by, alternatively associated with, the
Enterprise:

150.

The series of benefits paid by the Enterprise and its subsidiaries and
associates to or on behalf of accused 1 over a period of nearly 10
years amounted to a salary in the form of a retainer, in return for which
accused 1 would perform services for the Enterprise as and when
required. This amounted to accused 1’s de facto employment by the
Enterprise within the meaning of the Act.

151.

Alternatively and in any event, accused 1 was associated with the
Enterprise in one or more of the following manners:
•

Through his close and longstanding association with Shaik, the
manager of the enterprise;

 43

•

Through Shaik’s position as his personal financial advisor and/or
special economic advisor;

•

Through the schedule benefits which he received from the
Enterprise.

•

Through the service and facility benefits which the enterprise
provided to him;

•

Through his de facto shareholding in the Enterprise;

•

Through the “political connectivity” which he provided to the
Enterprise; and/or

•

Through the services which he performed on behalf of the
enterprise.

152.

In one or both of these capacities, accused 1 participated in the
conduct, directly or indirectly, of the Enterprise’s affairs through a
pattern of racketeering activity, to wit by:
•

Advising, counselling and/or assisting Shaik in the management
or conduct of the Enterprise’s affairs as described in paragraph C
above;

•

Corruptly accepting the schedule benefits set out in the
Schedule and more fully described below, each payment
constituting a separate racketeering act;

•

Corruptly accepting the facility benefits more fully described
below;

•

Corruptly accepting the service benefits more fully described
below;

•

Corruptly agreeing to accept the annual benefits until the first
payment of ADS dividends;

•

Furthering and/or attempting and/or agreeing to further the
business of the Enterprise;

•

Protecting and/or attempting and/or agreeing to protect the
Enterprise from criminal investigation and/or prosecution;

 44

•

Concealing the fact that he received benefits, payments, and/or
advantages from the Enterprise and/or its subsidiaries or other
associates of the Enterprise; and/or

•

Concealing that he committed or omitted to do any act in relation
to his powers and/or duties to further the interests of the
Enterprise.

Accused 2 and 3
153.

Accused 2 and 3 were associated with the Enterprise in that they were
joint venture partners with the Enterprise in the ADS combat suite
contract and with a subsidiary of the Enterprise in the Prodiba drivers’
licence contract. They were also complicit in the Enterprise’s payments
to accused 1 with a view to benefiting from the Enterprise’s resultant
“political connectivity”.

154.

Accused 2 and 3 participated in the conduct of the Enterprise’s affairs,
directly or indirectly, through a pattern of racketeering activity, to wit by:
•

Advising, counselling and/or assisting Shaik in the management
or conduct of the Enterprise’s affairs as described in paragraph C
above;

•

Making common purpose with the Enterprise in corruptly
providing the schedule and/or service and/or facility benefits
described above;

•

Facilitating the Enterprise’s entrée into the Prodiba and combat
suite contracts;

•

Enabling the Enterprise to conduct its affairs, including its
illegitimate affairs, by providing it with the necessary capital,
which also enabled the Enterprise to continue its schedule
payments to accused 1;

•

Corruptly entering into an agreement with Shaik and/or the
Enterprise and accused 1 to pay accused 1 a bribe of the annual
benefits until the first payment of ADS dividends;

 45

•

Entering into a money laundering agreement, arrangement or
transaction with the Enterprise in order to disguise the nature,
source disposition or movement of the monies paid to or for
accused 1 in pursuance of the said bribe agreement and/or to
enable or assist the Enterprise and accused 1 to avoid
prosecution; and/or

•

Paying a sum of R250 000 to the Enterprise for the benefit of
accused 1 in pursuance of the said bribe agreement.

E. PATTERN OF RACKETEERING ACTIVITY
155.

In furtherance of the objectives of the Enterprise and in order to secure
the necessary political connectivity, benefits were provided to a
number of politicians and holders of high government office, in
particular accused 1, through the Enterprise.

156.

More specifically, benefits provided through the Enterprise included,
but were not limited to:

•

Corruptly paying the schedule benefits to or on behalf of accused 1,
each payment constituting a separate racketeering act;

•

Corruptly providing to accused 1 the facility benefits;

•

Corruptly providing to accused 1 the service benefits;

•

Corruptly entering into an agreement with accused 1 to 3 to pay
accused 1 the annual benefits until the first payment of ADS
dividends;

•

Concealing the giving and receipt of benefits to or on behalf of
accused 1 and any acts performed or omitted by accused 1 for or on
behalf of the Enterprise.

157.

One or more of the accused, individually or together, committed the
racketeering acts set forth in the Indictment and the alternatives
thereto.

 46

CHAPTER 6:
158.

MISCELLANEOUS

Shaik and the relevant Nkobi entities stood trial in the High Court at
Durban between October 2004 and June 2005, resulting in their
conviction on Corruption, Fraud and Money-laundering charges. The
facts on which the prosecution was founded were similar to the present
prosecution, involving some of the schedule benefits and the annual
benefits.

ooo000ooo

 ABCD

Schedule to Indictment and Summary of Facts: Payments made by Shaik and Nkobi group to and on behalf of Zuma
A
Payment
number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

B
Date
25-Oct-95
04-Mar-96
13-Sep-96
13-Sep-96
23-Dec-96
31-Jan-97
08-Feb-97
28-Feb-97
28-Feb-97
12-Mar-97
25-Mar-97
25-Mar-97
25-Mar-97
05-Apr-97
16-Apr-97
30-Apr-97
30-May-97
04-Jun-97
11-Jun-97
19-Jun-97
19-Jun-97
30-Jun-97
07-Jul-97
15-Jul-97
25-Jul-97
30-Jul-97
03-Aug-97
08-Aug-97
13-Aug-97
21-Aug-97
30-Aug-97
01-Sep-97
10-Sep-97
30-Sep-97
01-Oct-97
31-Oct-97
26-Nov-97
27-Nov-97
01-Dec-97
23-Dec-97
31-Dec-97
08-Jan-98
14-Jan-98
28-Jan-98
31-Jan-98
13-Feb-98

Prepared by KPMG

C
Amount
3,500.00
2,500.00
2,500.00
10,000.00
7,500.00
3,500.00
3,500.00
5,000.00
10,000.00
3,500.00
5,000.00
10,000.00
14,000.00
20,000.00
3,500.00
5,000.00
5,000.00
3,500.00
11,440.77
3,500.00
4,075.34
5,000.00
11,440.77
4,075.34
10,000.00
5,000.00
2,100.00
2,300.00
3,000.00
7,000.00
5,000.00
15,000.00
3,500.00
5,000.00
3,500.00
5,000.00
3,500.00
10,000.00
5,000.00
15,000.00
15,000.00
7,000.00
10,000.00
7,500.00
5,000.00
544.18

D
Cumulative
3,500.00
6,000.00
8,500.00
18,500.00
26,000.00
29,500.00
33,000.00
38,000.00
48,000.00
51,500.00
56,500.00
66,500.00
80,500.00
100,500.00
104,000.00
109,000.00
114,000.00
117,500.00
128,940.77
132,440.77
136,516.11
141,516.11
152,956.88
157,032.22
167,032.22
172,032.22
174,132.22
176,432.22
179,432.22
186,432.22
191,432.22
206,432.22
209,932.22
214,932.22
218,432.22
223,432.22
226,932.22
236,932.22
241,932.22
256,932.22
271,932.22
278,932.22
288,932.22
296,432.22
301,432.22
301,976.40

E
Paying account holder
Clegton Investments
Cash
Pro Con Africa
Pro Con Africa
Pro Con Africa
Proconsult
Pro Con Africa
Schabir Shaik
Schabir Shaik
Chartley Investments
Schabir Shaik
Schabir Shaik
Chartley Investments
Clegton Investments
Chartley Investments
Clegton Investments
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Schabir Shaik
Schabir Shaik
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Kobifin
Proconsult
Kobifin
Kobifin
Pro Con Africa
Kobifin
Proconsult
Kobifin
Pro Con Africa
Kobifin
Proconsult

F
Receiving account holder/for the benefit of
KM Zuma
KM Zuma
Sparkport Pharmacy
Sparkport Pharmacy
Sparkport Pharmacy
TA Brown
TA Brown
JG Zuma
Michigan Investments
TA Brown
JG Zuma
Michigan Investments
NC Zuma
Michigan Investments
TA Brown
AQ Holdings
AQ Holdings
TA Brown
Wesbank
TA Brown
Wesbank
AQ Holdings
Wesbank
Wesbank
Michigan Investments
AQ Holdings
MJ Zuma
Holy Family College
TA Brown
Michigan Investments
AQ Holdings
JG Zuma
TA Brown
AQ Holdings
TA Brown
AQ Holdings
TA Brown
JG Zuma
AQ Holdings
JG Zuma
AQ Holdings
TA Brown
JG Zuma
Goodrickes Attorneys
AQ Holdings
Telkom

Page 1

G
Classification
Zuma wife
Zuma wife
Zuma rent
Zuma rent
Zuma rent
Zuma rent
Zuma rent
Zuma
Zuma debt
Zuma rent
Zuma
Zuma debt
Zuma wife
Zuma debt
Zuma rent
Zuma debt
Zuma debt
Zuma rent
Zuma vehicle
Zuma rent
Zuma vehicle
Zuma debt
Zuma vehicle
Zuma vehicle
Zuma debt
Zuma debt
Zuma family costs
Zuma children education
Zuma rent
Zuma debt
Zuma debt
Zuma
Zuma rent
Zuma debt
Zuma rent
Zuma debt
Zuma rent
Zuma
Zuma debt
Zuma
Zuma debt
Zuma rent
Zuma
Zuma debt
Zuma debt
Zuma expense

H
Classification
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal

J
Sub-classification
Other
Other
Rent
Rent
Rent
Rent
Rent
Cash
Bond
Rent
Cash
Bond
Other
Bond
Rent
Other
Other
Rent
Vehicle finance
Rent
Vehicle finance
Other
Vehicle finance
Vehicle finance
Bond
Other
Other
Education
Rent
Bond
Other
Cash
Rent
Other
Rent
Other
Rent
Cash
Other
Cash
Other
Rent
Cash
Other
Other
Other

Schedule of Payments

 ABCD

A
Payment
number
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94

B
Date
24-Feb-98
28-Feb-98
13-Mar-98
03-Apr-98
03-Apr-98
07-Apr-98
15-Apr-98
30-Apr-98
18-May-98
04-Jun-98
05-Jun-98
08-Jun-98
30-Jun-98
17-Jul-98
24-Jul-98
24-Jul-98
27-Jul-98
29-Jul-98
29-Jul-98
07-Aug-98
31-Aug-98
31-Aug-98
14-Sep-98
15-Oct-98
23-Oct-98
30-Oct-98
03-Nov-98
05-Nov-98
13-Nov-98
03-Dec-98
13-Jan-99
26-Jan-99
26-Jan-99
26-Jan-99
28-Jan-99
09-Feb-99
10-Feb-99
10-Feb-99
23-Feb-99
26-Feb-99
28-Feb-99
28-Feb-99
08-Apr-99
12-Apr-99
13-Apr-99
21-Apr-99
22-Apr-99
22-Apr-99

Prepared by KPMG

C
Amount
3,500.00
5,000.00
3,500.00
9,070.00
5,250.00
3,500.00
998.00
7,500.00
3,500.00
1,000.00
3,047.66
632.50
225.33
7,000.00
3,047.66
400.00
3,500.00
8,115.92
10,019.98
7,000.00
1,500.00
7,000.00
3,500.00
3,500.00
2,588.00
7,500.00
8,462.08
12,128.17
3,500.00
3,500.00
3,500.00
1,980.00
4,800.00
10,000.00
4,800.00
1,000.00
200.00
4,800.00
4,000.00
5,000.00
3,000.00
449.39
4,000.00
400.00
2,057.33
4,000.00
5,130.00
8,000.00

D
Cumulative
305,476.40
310,476.40
313,976.40
323,046.40
328,296.40
331,796.40
332,794.40
340,294.40
343,794.40
344,794.40
347,842.06
348,474.56
348,699.89
355,699.89
358,747.55
359,147.55
362,647.55
370,763.47
380,783.45
387,783.45
389,283.45
396,283.45
399,783.45
403,283.45
405,871.45
413,371.45
421,833.53
433,961.70
437,461.70
440,961.70
444,461.70
446,441.70
451,241.70
461,241.70
466,041.70
467,041.70
467,241.70
472,041.70
476,041.70
481,041.70
484,041.70
484,491.09
488,491.09
488,891.09
490,948.42
494,948.42
500,078.42
508,078.42

E
Paying account holder
Kobifin
Kobifin
Pro Con Africa
Pro Con Africa
Nkobi Group/Shaik
Proconsult
Kobitech
Kobifin
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Proconsult
Proconsult
Kobitech
Kobitech
Pro Con Africa
Pro Con Africa
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobifin
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Unknown
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech

F
Receiving account holder/for the benefit of
TA Brown
AQ Holdings
TA Brown
Sacred Heart
Ditz Incorporated
TA Brown
AI Kajee
AQ Holdings
TA Brown
NC Zuma
Kenfield Motors
Woodroffe and Kleyn Attorneys
Ditz Incorporated
TA Brown
Kenfield Motors
KM Zuma
TA Brown
Holy Family College
Sacred Heart
TA Brown
KM Zuma
KM Zuma
TA Brown
TA Brown
AI Kajee
AQ Holdings
Holy Family College
University of Zululand
TA Brown
TA Brown
TA Brown
Empangheni High School
Empangheni High School
Wesbank (JG Zuma Mercedes Benz E320)
University of Zululand
Education school books
University of Zululand
University of Zululand
TA Brown
Ditz Incorporated
Michigan Investments
Ditz Incorporated
TA Brown
Bankfin (Hyundai Sonata doc fees)
Bankfin (Hyundai Sonata)
TA Brown
Durban Central Panelbeaters (Merc E230)
Wesbank (JG Zuma Mercedes Benz E320)

Page 2

G
Classification
Zuma rent
Zuma debt
Zuma rent
Zuma children education
Zuma legal costs
Zuma rent
Zuma/Zuma family travel costs
Zuma debt
Zuma rent
Zuma wife
Zuma vehicle costs
Zuma debt
Zuma legal costs
Zuma rent
Zuma vehicle costs
Zuma wife
Zuma rent
Zuma children education
Zuma children education
Zuma rent
Zuma wife
Zuma wife
Zuma rent
Zuma rent
Zuma/Zuma family travel costs
Zuma debt
Zuma children education
Zuma children education
Zuma rent
Zuma rent
Zuma rent
Zuma children education
Zuma children education
Zuma vehicle
Zuma children education
Zuma children education
Zuma children education
Zuma children education
Zuma rent
Zuma debt
Zuma debt
Zuma legal costs
Zuma rent
Zuma children vehicle costs
Zuma children vehicle
Zuma rent
Zuma vehicle costs
Zuma vehicle

H
Classification
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Family
Personal
Family
Family
Personal
Family
Family
Personal
Personal
Personal
Personal
Family
Family
Personal
Personal
Personal
Family
Family
Personal
Family
Family
Family
Family
Personal
Personal
Unknown
Personal
Personal
Personal
Personal
Personal
Personal
Personal

J
Sub-classification
Rent
Other
Rent
Education
Other
Rent
Other
Other
Rent
Other
Vehicle associated
Other
Other
Rent
Vehicle associated
Other
Rent
Education
Education
Rent
Other
Other
Rent
Rent
Other
Other
Education
Education
Rent
Rent
Rent
Education
Education
Vehicle finance
Education
Education
Education
Education
Rent
Other
0
Other
Rent
Vehicle finance
Vehicle finance
Rent
Vehicle associated
Vehicle finance

Schedule of Payments

 ABCD

A
Payment
number
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142

B
Date
05-May-99
06-May-99
07-May-99
07-May-99
15-May-99
07-Jun-99
08-Jun-99
09-Jun-99
15-Jun-99
15-Jun-99
23-Jun-99
25-Jun-99
30-Jun-99
01-Jul-99
06-Jul-99
07-Jul-99
10-Jul-99
15-Jul-99
10-Aug-99
20-Aug-99
02-Sep-99
07-Sep-99
07-Sep-99
08-Sep-99
29-Sep-99
05-Oct-99
05-Oct-99
06-Oct-99
07-Oct-99
08-Nov-99
26-Nov-99
07-Dec-99
08-Dec-99
01-Jan-00
07-Jan-00
21-Jan-00
25-Jan-00
07-Feb-00
02-Mar-00
07-Mar-00
31-Mar-00
05-Apr-00
07-Apr-00
21-Apr-00
02-May-00
02-May-00
05-May-00
08-May-00

Prepared by KPMG

C
Amount
5,340.00
4,000.00
8,000.00
2,022.32
5,130.00
2,022.32
4,000.00
1,000.00
1,000.00
5,130.00
2,094.00
8,000.00
2,445.00
5,884.00
4,000.00
1,989.61
5,000.00
5,130.00
1,973.38
14,200.00
4,000.00
1,941.13
3,420.00
5,000.00
16,000.00
1,800.00
5,000.00
4,000.00
1,941.13
1,910.57
8,000.00
1,910.57
502.90
5,000.00
1,910.57
1,480.00
4,000.00
1,883.29
5,340.00
1,883.29
5,340.00
5,069.39
1,883.29
140.01
5,000.00
5,340.00
5,069.39
3,271.40

D
Cumulative
513,418.42
517,418.42
525,418.42
527,440.74
532,570.74
534,593.06
538,593.06
539,593.06
540,593.06
545,723.06
547,817.06
555,817.06
558,262.06
564,146.06
568,146.06
570,135.67
575,135.67
580,265.67
582,239.05
596,439.05
600,439.05
602,380.18
605,800.18
610,800.18
626,800.18
628,600.18
633,600.18
637,600.18
639,541.31
641,451.88
649,451.88
651,362.45
651,865.35
656,865.35
658,775.92
660,255.92
664,255.92
666,139.21
671,479.21
673,362.50
678,702.50
683,771.89
685,655.18
685,795.19
690,795.19
696,135.19
701,204.58
704,475.98

E
Paying account holder
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Schabir Shaik
Nkobi Group/Shaik
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Schabir Shaik
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
S Zuma
TA Brown
Wesbank (JG Zuma Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Durban Central Panelbeaters (Merc E230)
Bankfin (Hyundai Sonata)
TA Brown
Cash
Cash
Durban Central Panelbeaters (Merc E230)
AI Kajee
Wesbank (JG Zuma Mercedes Benz E320)
Kenfield Motors
St Catherines
TA Brown
Bankfin (Hyundai Sonata)
Cash (Zuma)
Durban Central Panelbeaters (Merc E230)
Bankfin (Hyundai Sonata)
National Airways Corporation Durban
TA Brown
Bankfin (Hyundai Sonata)
Ditz Incorporated
K Zuma
Wesbank (JG Zuma Mercedes Benz E320)
S Zuma
Ditz Incorporated
TA Brown
Bankfin (Hyundai Sonata)
Bankfin (Hyundai Sonata)
Wesbank (JG Zuma Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Drs Pillay Mackintosh
Cash
Bankfin (Hyundai Sonata)
S Zuma
Casanova
Bankfin (Hyundai Sonata)
S Zuma
Bankfin (Hyundai Sonata)
S Zuma
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Petrol for Zuma's car
Cash
S Zuma
Bankfin (Mercedes Benz E320)
Hyundai Springfield Park

Page 3

G
Classification
Zuma children allowance
Zuma rent
Zuma vehicle
Zuma children vehicle
Zuma vehicle costs
Zuma children vehicle
Zuma rent
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Zuma vehicle costs
Zuma/Zuma family travel costs
Zuma vehicle
Zuma vehicle costs
Zuma children education
Zuma rent
Zuma children vehicle
Cash for Zuma
Zuma vehicle costs
Zuma children vehicle
Zuma/Zuma family travel costs
Zuma rent
Zuma children vehicle
Zuma legal costs
Zuma wife
Zuma vehicle
Zuma children allowance
Zuma debt
Zuma rent
Zuma children vehicle
Zuma children vehicle
Zuma vehicle
Zuma children vehicle
Zuma/Zuma family medical costs
Cash for Zuma/Zuma family
Zuma children vehicle
Zuma children allowance
Zuma clothing
Zuma children vehicle
Zuma children allowance
Zuma children vehicle
Zuma children allowance
Zuma vehicle
Zuma children vehicle
Zuma vehicle costs
Cash for Zuma/Zuma family
Zuma children allowance
Zuma vehicle
Zuma children vehicle costs

H
Classification
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Family
Personal
Family
Personal
Personal
Personal
Personal
Family
Personal
Personal

J
Sub-classification
Other
Rent
Vehicle finance
Vehicle finance
Vehicle associated
Vehicle finance
Rent
Cash
Cash
Vehicle associated
Other
Vehicle finance
Vehicle associated
Education
Rent
Vehicle finance
Cash
Vehicle associated
Vehicle finance
Travel and accomodation
Rent
Vehicle finance
Other
Other
Vehicle finance
Other
Other
Rent
Vehicle finance
Vehicle finance
Vehicle finance
Vehicle finance
Medical
Cash
Vehicle finance
Other
Other
Vehicle finance
Other
Vehicle finance
Other
Vehicle finance
Vehicle finance
Vehicle associated
Cash
Other
Vehicle finance
Vehicle associated

Schedule of Payments

 ABCD

A
Payment
number
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190

B
Date
08-May-00
09-May-00
12-May-00
01-Jun-00
02-Jun-00
02-Jun-00
05-Jun-00
07-Jun-00
15-Jun-00
05-Jul-00
06-Jul-00
07-Jul-00
03-Aug-00
03-Aug-00
05-Aug-00
07-Aug-00
10-Aug-00
25-Aug-00
01-Sep-00
05-Sep-00
07-Sep-00
19-Sep-00
22-Sep-00
27-Sep-00
27-Sep-00
29-Sep-00
03-Oct-00
05-Oct-00
07-Oct-00
10-Oct-00
16-Oct-00
28-Oct-00
31-Oct-00
05-Nov-00
07-Nov-00
07-Nov-00
27-Nov-00
29-Nov-00
05-Dec-00
07-Dec-00
13-Dec-00
01-Jan-01
05-Jan-01
07-Jan-01
02-Feb-01
05-Feb-01
07-Feb-01
08-Feb-01

Prepared by KPMG

C
Amount
1,883.29
8,468.06
14,610.00
18,000.00
13,893.50
5,340.00
5,069.39
1,883.29
1,000.00
5,069.39
7,480.00
1,883.29
5,340.00
25,000.00
5,069.39
1,883.29
5,276.00
1,800.00
3,540.00
5,069.39
1,883.29
395.00
11,103.50
2,790.00
25.00
5,340.00
10.00
5,069.39
1,883.29
25.00
102.61
261.01
996.47
5,069.39
3,000.00
1,883.29
150.00
40,810.40
5,069.39
1,883.29
5,819.00
5,340.00
5,069.39
1,883.29
5,166.00
5,069.39
1,883.29
800.00

D
Cumulative
706,359.27
714,827.33
729,437.33
747,437.33
761,330.83
766,670.83
771,740.22
773,623.51
774,623.51
779,692.90
787,172.90
789,056.19
794,396.19
819,396.19
824,465.58
826,348.87
831,624.87
833,424.87
836,964.87
842,034.26
843,917.55
844,312.55
855,416.05
858,206.05
858,231.05
863,571.05
863,581.05
868,650.44
870,533.73
870,558.73
870,661.34
870,922.35
871,918.82
876,988.21
879,988.21
881,871.50
882,021.50
922,831.90
927,901.29
929,784.58
935,603.58
940,943.58
946,012.97
947,896.26
953,062.26
958,131.65
960,014.94
960,814.94

E
Paying account holder
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Holdings
Kobitech
Pro Con Africa
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Cash
Kobitech
Cash
Kobitech
Kobitech
Cash
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Nkobi Holdings
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
Bankfin (Hyundai Sonata)
Durban South Motors
St Catherines
St Catherines
St Catherines
S Zuma
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
S Zuma
Bankfin (Mercedes Benz E320)
St Catherines
Bankfin (Hyundai Sonata)
S Zuma
Ditz Incorporated
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Westville Travel
S Zuma
S Zuma
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Kwazulu Test Centre
St Catherines
S Zuma
Mini valet for Zuma car
S Zuma
Wash and vacuum Zuma car
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Mini valet for Zuma car
Durban Central Panelbeaters (Merc E320)
Petrol for Zuma's car
Hyundai
Bankfin (Mercedes Benz E320)
Cash (ND Kosi)
Bankfin (Hyundai Sonata)
Chief Traffic Officer
Mthembu & Mahomed Attorneys
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Westville Travel
S Zuma
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Westville Travel
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
University of Zululand

Page 4

G
Classification
Zuma children vehicle
Zuma vehicle costs
Zuma children education
Zuma children education
Zuma children education
Zuma children allowance
Zuma vehicle
Zuma children vehicle
Zuma children allowance
Zuma vehicle
Zuma children education
Zuma children vehicle
Zuma children allowance
Zuma debt
Zuma vehicle
Zuma children vehicle
Zuma/Zuma family travel costs
Zuma children allowance
Zuma children allowance
Zuma vehicle
Zuma children vehicle
Zuma vehicle costs
Zuma children education
Zuma children allowance
Zuma vehicle costs
Zuma children allowance
Zuma vehicle costs
Zuma vehicle
Zuma children vehicle
Zuma vehicle costs
Zuma vehicle costs
Zuma vehicle costs
Zuma children vehicle costs
Zuma vehicle
Cash for Zuma/Zuma family
Zuma children vehicle
Zuma traffic fine
Zuma legal costs
Zuma vehicle
Zuma children vehicle
Zuma/Zuma family travel costs
Zuma children allowance
Zuma vehicle
Zuma children vehicle
Zuma/Zuma family travel costs
Zuma vehicle
Zuma children vehicle
Zuma children education

H
Classification
Personal
Personal
Family
Family
Family
Family
Personal
Personal
Family
Personal
Family
Personal
Family
Personal
Personal
Personal
Personal
Family
Family
Personal
Personal
Personal
Family
Family
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Family

J
Sub-classification
Vehicle finance
Vehicle associated
Education
Education
Education
Other
Vehicle finance
Vehicle finance
Other
Vehicle finance
Education
Vehicle finance
Other
Other
Vehicle finance
Vehicle finance
Travel and accomodation
Other
Other
Vehicle finance
Vehicle finance
Vehicle associated
Education
Other
Vehicle associated
Other
Vehicle associated
Vehicle finance
Vehicle finance
Vehicle associated
Other
Vehicle associated
Vehicle associated
Vehicle finance
Cash
Vehicle finance
Vehicle associated
Other
Vehicle finance
Vehicle finance
Travel and accomodation
Other
Vehicle finance
Vehicle finance
Travel and accomodation
Vehicle finance
Vehicle finance
Education

Schedule of Payments

 ABCD

A
Payment
number
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238

B

C

D

Date
08-Feb-01
09-Feb-01
28-Feb-01
05-Mar-01
07-Mar-01
05-Apr-01
07-Apr-01
05-May-01
07-May-01
15-May-01
15-May-01
29-May-01
04-Jun-01
05-Jun-01
07-Jun-01
12-Jun-01
12-Jun-01
12-Jun-01
12-Jun-01
25-Jun-01
28-Jun-01
28-Jun-01
28-Jun-01
02-Jul-01
02-Jul-01
02-Jul-01
02-Jul-01
02-Jul-01
05-Jul-01
07-Jul-01
05-Aug-01
06-Aug-01
06-Aug-01
06-Aug-01
07-Aug-01
15-Aug-01
31-Aug-01
05-Sep-01
05-Sep-01
06-Sep-01
17-Sep-01
26-Sep-01
28-Sep-01
28-Sep-01
05-Oct-01
07-Oct-01
19-Oct-01
19-Oct-01

Amount
2,000.00
2,800.00
250,000.00
5,069.39
1,883.29
5,069.39
1,883.29
5,069.39
1,883.29
1,500.00
6,500.00
8,000.00
7,000.00
5,069.39
1,883.29
500.00
2,000.00
2,000.00
2,000.00
6,100.00
5,124.00
5,124.00
5,124.00
5,600.00
2,000.00
2,000.00
2,000.00
6,018.11
5,069.39
1,883.29
5,003.09
1,000.00
2,000.00
2,000.00
1,870.74
10,000.00
8,000.00
4,981.48
125,000.00
1,866.72
125,000.00
18,000.00
12,925.00
277.20
4,981.48
1,866.72
600.00
1,000.00

Cumulative
962,814.94
965,614.94
1,215,614.94
1,220,684.33
1,222,567.62
1,227,637.01
1,229,520.30
1,234,589.69
1,236,472.98
1,237,972.98
1,244,472.98
1,252,472.98
1,259,472.98
1,264,542.37
1,266,425.66
1,266,925.66
1,268,925.66
1,270,925.66
1,272,925.66
1,279,025.66
1,284,149.66
1,289,273.66
1,294,397.66
1,299,997.66
1,301,997.66
1,303,997.66
1,305,997.66
1,312,015.77
1,317,085.16
1,318,968.45
1,323,971.54
1,324,971.54
1,326,971.54
1,328,971.54
1,330,842.28
1,340,842.28
1,348,842.28
1,353,823.76
1,478,823.76
1,480,690.48
1,605,690.48
1,623,690.48
1,636,615.48
1,636,892.68
1,641,874.16
1,643,740.88
1,644,340.88
1,645,340.88

Prepared by KPMG

E
Paying account holder
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik

F
Receiving account holder/for the benefit of
University of Zululand
University of Zululand
Development Africa
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
M Zuma
St Catherines
S Zuma
NC Zuma
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
St Catherines
St Catherines
St Catherines
St Catherines
S Zuma
Westville Travel
Westville Travel
Westville Travel
S Zuma
S Zuma
S Zuma
S Zuma
St Catherines
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Bankfin (Mercedes Benz E320)
Cash
Cash
Cash
Bankfin (Hyundai Sonata)
Casanova
Casanova
Bankfin (Mercedes Benz E320)
Development Africa
Bankfin (Hyundai Sonata)
Development Africa
Casanova
St Catherines
Postmaster (Licence for ND225 331)
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
E Zuma
S Zuma

Page 5

G
Classification
Zuma children education
Zuma children education
Zuma debt
Zuma vehicle
Zuma children vehicle
Zuma vehicle
Zuma children vehicle
Zuma vehicle
Zuma children vehicle
Zuma children allowance
Zuma children education
Zuma children allowance
Zuma wife
Zuma vehicle
Zuma children vehicle
Zuma children education
Zuma children education
Zuma children education
Zuma children education
Zuma children allowance
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma vehicle
Zuma children vehicle
Zuma vehicle
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Zuma children vehicle
Zuma clothing
Zuma clothing
Zuma vehicle
Zuma debt
Zuma children vehicle
Zuma debt
Zuma clothing
Zuma children education
Zuma vehicle costs
Zuma vehicle
Zuma children vehicle
Zuma children allowance
Zuma children allowance

H
Classification
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Personal
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Family
Family

J
Sub-classification
Education
Education
Development Africa
Vehicle finance
Vehicle finance
Vehicle finance
Vehicle finance
Vehicle finance
Vehicle finance
Other
Education
Other
Other
Vehicle finance
Vehicle finance
Education
Education
Education
Education
Other
Travel and accomodation
Travel and accomodation
Travel and accomodation
Other
Other
Other
Other
Education
Vehicle finance
Vehicle finance
Vehicle finance
Cash
Cash
Cash
Vehicle finance
Other
Other
Vehicle finance
Development Africa
Vehicle finance
Development Africa
Other
Education
Vehicle associated
Vehicle finance
Vehicle finance
Other
Other

Schedule of Payments

 ABCD

A
Payment
number
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286

B
Date
19-Oct-01
26-Oct-01
26-Oct-01
26-Oct-01
02-Nov-01
05-Nov-01
07-Nov-01
23-Nov-01
26-Nov-01
05-Dec-01
07-Dec-01
31-Dec-01
05-Jan-02
07-Jan-02
28-Jan-02
28-Jan-02
05-Feb-02
05-Feb-02
07-Feb-02
07-Feb-02
09-Feb-02
21-Feb-02
21-Feb-02
22-Feb-02
22-Feb-02
28-Feb-02
28-Feb-02
28-Feb-02
01-Mar-02
05-Mar-02
05-Mar-02
07-Mar-02
13-Mar-02
28-Mar-02
28-Mar-02
05-Apr-02
07-Apr-02
11-Apr-02
19-Apr-02
21-Apr-02
25-Apr-02
30-Apr-02
02-May-02
03-May-02
04-May-02
07-May-02
07-May-02
07-May-02

Prepared by KPMG

C
Amount
5,600.00
10,182.00
600.00
14,000.00
5,725.00
4,940.79
1,859.66
5,600.00
14,000.00
4,940.79
1,859.66
600.00
4,940.79
1,859.66
3,667.28
1,000.00
5,013.96
600.00
1,870.45
600.00
1,000.00
600.00
47,259.00
14,450.00
5,000.00
2,000.00
600.00
600.00
600.00
5,013.96
3,000.00
1,870.45
1,200.00
600.00
4,000.00
5,084.01
1,879.75
2,200.00
5,000.00
2,000.00
600.00
1,161.00
3,000.00
10,000.00
600.00
1,879.75
5,084.01
386.67

D
Cumulative
1,650,940.88
1,661,122.88
1,661,722.88
1,675,722.88
1,681,447.88
1,686,388.67
1,688,248.33
1,693,848.33
1,707,848.33
1,712,789.12
1,714,648.78
1,715,248.78
1,720,189.57
1,722,049.23
1,725,716.51
1,726,716.51
1,731,730.47
1,732,330.47
1,734,200.92
1,734,800.92
1,735,800.92
1,736,400.92
1,783,659.92
1,798,109.92
1,803,109.92
1,805,109.92
1,805,709.92
1,806,309.92
1,806,909.92
1,811,923.88
1,814,923.88
1,816,794.33
1,817,994.33
1,818,594.33
1,822,594.33
1,827,678.34
1,829,558.09
1,831,758.09
1,836,758.09
1,838,758.09
1,839,358.09
1,840,519.09
1,843,519.09
1,853,519.09
1,854,119.09
1,855,998.84
1,861,082.85
1,861,469.52

E
Paying account holder
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech Transport Systems
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Nkobi Group/Shaik
Nkobi Group/Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Schabir Shaik
Kobitech
Pro Con Africa
Pro Con Africa
Schabir Shaik
Kobitech
Kobitech
Kobitech Transport Systems
Schabir Shaik
Schabir Shaik
Kobitech
Nkobi Holdings
Schabir Shaik
Kobitech Transport Systems
Pro Con Africa
Kobitech
Kobitech
Nkobi Holdings

F
Receiving account holder/for the benefit of
S Zuma
St Catherines
E Zuma
Casanova
Kenfield Motors
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
S Zuma
Casanova
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
E Zuma
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
University of Zululand
ME Zuma
Bankfin (Mercedes Benz E320)
NB Zuma
Bankfin (Hyundai Sonata)
Cash (T Thusi/E Zuma)
NB Zuma
E Zuma
JG Zuma (Wesbank Mitsubishi Pajero 3)
Sacred Heart
Cash
School Books
E Zuma
E Zuma
Cash (T Thusi/E Zuma)
Bankfin (Mercedes Benz E320)
Cash
Bankfin (Hyundai Sonata)
NB Zuma
E Zuma
Cash (Zuma)
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Cash (Duduzane and Duduzile)
Cash
Cash
E Zuma/NB Zuma
Y Zuma
Cash (Zuma)
St Catherines
E Zuma
Bankfin (Hyundai Sonata)
Bankfin (Mercedes Benz E320)
Turners Travel

Page 6

G
Classification
Zuma children allowance
Zuma children education
Zuma children allowance
Zuma clothing
Zuma vehicle costs
Zuma vehicle
Zuma children vehicle
Zuma children allowance
Zuma clothing
Zuma vehicle
Zuma children vehicle
Zuma children allowance
Zuma vehicle
Zuma children vehicle
Zuma children education
Zuma children allowance
Zuma vehicle
Zuma children allowance
Zuma children vehicle
Cash for Zuma children
Zuma children allowance
Zuma children allowance
Zuma vehicle
Zuma children education
Cash for Zuma/Zuma family
Zuma children education
Zuma children allowance
Zuma children allowance
Cash for Zuma children
Zuma vehicle
Cash for Zuma/Zuma family
Zuma children vehicle
Zuma children allowance
Zuma children allowance
Cash for Zuma
Zuma vehicle
Zuma children vehicle
Cash for Zuma children
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Zuma children allowance
Zuma family costs
Cash for Zuma
Zuma children education
Zuma children allowance
Zuma children vehicle
Zuma vehicle
Zuma/Zuma family travel costs

H
Classification
Family
Family
Family
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Family
Personal
Personal
Family
Family
Personal
Family
Personal
Family
Family
Family
Personal
Family
Personal
Family
Family
Family
Family
Personal
Personal
Personal
Family
Family
Personal
Personal
Personal
Family
Personal
Personal
Family
Family
Personal
Family
Family
Personal
Personal
Personal

J
Sub-classification
Other
Education
Other
Other
Vehicle associated
Vehicle finance
Vehicle finance
Other
Other
Vehicle finance
Vehicle finance
Other
Vehicle finance
Vehicle finance
Education
Other
Vehicle finance
Other
Vehicle finance
Other
Other
Other
Vehicle finance
Education
Cash
Education
Other
Other
Other
Vehicle finance
Cash
Vehicle finance
Other
Other
Cash
Vehicle finance
Vehicle finance
Other
Cash
Cash
Other
Other
Cash
Education
Other
Vehicle finance
Vehicle finance
Travel and accomodation

Schedule of Payments

 ABCD

A
Payment
number
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334

B
Date
10-May-02
10-May-02
10-May-02
13-May-02
13-May-02
15-May-02
15-May-02
17-May-02
21-May-02
22-May-02
23-May-02
30-May-02
30-May-02
30-May-02
30-May-02
05-Jun-02
07-Jun-02
07-Jun-02
14-Jun-02
14-Jun-02
19-Jun-02
19-Jun-02
25-Jun-02
27-Jun-02
27-Jun-02
27-Jun-02
27-Jun-02
29-Jun-02
02-Jul-02
03-Jul-02
05-Jul-02
05-Jul-02
07-Jul-02
11-Jul-02
26-Jul-02
29-Jul-02
31-Jul-02
01-Aug-02
01-Aug-02
01-Aug-02
01-Aug-02
01-Aug-02
01-Aug-02
02-Aug-02
05-Aug-02
06-Aug-02
07-Aug-02
12-Aug-02

Prepared by KPMG

C
Amount
600.00
600.00
600.00
10,841.88
1,178.00
45,000.00
2,054.12
5,000.00
3,500.00
3,542.39
3,000.00
600.00
600.00
600.00
600.00
5,084.01
5,000.00
1,879.75
400.00
2,500.00
3,500.00
1,863.00
600.00
600.00
600.00
600.00
400.00
3,000.00
31,000.00
2,500.00
243.00
5,149.30
1,886.90
5,000.00
600.00
10,000.00
3,581.18
600.00
600.00
600.00
600.00
595.02
595.02
831.79
5,149.30
12,168.45
1,886.90
5,000.00

D
Cumulative
1,862,069.52
1,862,669.52
1,863,269.52
1,874,111.40
1,875,289.40
1,920,289.40
1,922,343.52
1,927,343.52
1,930,843.52
1,934,385.91
1,937,385.91
1,937,985.91
1,938,585.91
1,939,185.91
1,939,785.91
1,944,869.92
1,949,869.92
1,951,749.67
1,952,149.67
1,954,649.67
1,958,149.67
1,960,012.67
1,960,612.67
1,961,212.67
1,961,812.67
1,962,412.67
1,962,812.67
1,965,812.67
1,996,812.67
1,999,312.67
1,999,555.67
2,004,704.97
2,006,591.87
2,011,591.87
2,012,191.87
2,022,191.87
2,025,773.05
2,026,373.05
2,026,973.05
2,027,573.05
2,028,173.05
2,028,768.07
2,029,363.09
2,030,194.88
2,035,344.18
2,047,512.63
2,049,399.53
2,054,399.53

E
Paying account holder
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Kobitech
Schabir Shaik
Kobitech
Pro Con Africa
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Holdings (Shaik Credit card)
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Schabir Shaik
Pro Con Africa
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Pro Con Africa

F
Receiving account holder/for the benefit of
D Zuma
D Zuma
NB Zuma
University of Zululand
Cash (S Zuma)
Mazda
Natal Motor Industries Durban
Cash (Zuma)
Cash (Zuma)
S Areff (Mazda Etude)
Cash (Zuma)
D Zuma
D Zuma
E Zuma
M Zuma
Bankfin (Mercedes Benz E320)
Cash (Zuma)
Bankfin (Hyundai Sonata)
P Zuma
Cash (Zuma)
D Zuma
Vineyard Hotel
E Zuma
D Zuma
D Zuma
M Zuma
P Zuma
Cash (Zuma)
Cash (Zuma)
Cash (Zuma)
Postmaster (Licence for Sonata)
Bankfin (Mercedes Benz E320)
Bankfin (Hyundai Sonata)
Cash (Zuma)
E Zuma
Cash (Zuma)
PBH Dutyfree Langkwaki
D Zuma
D Zuma
M Zuma
P Zuma
Mas-Lgk Air 238622
Mas-Lgk Air 238623
MAS-INT 203 559903
Bankfin (Mercedes Benz E320)
St Catherines
Bankfin (Hyundai Sonata)
Cash (Zuma)

Page 7

G
Classification
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Cash for Zuma children
Zuma children vehicle
Zuma vehicle costs
Cash for Zuma
Cash for Zuma
Zuma children vehicle costs
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma vehicle
Cash for Zuma
Zuma children vehicle
Zuma children allowance
Cash for Zuma
Zuma children allowance
Zuma expense
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Cash for Zuma
Cash for Zuma
Cash for Zuma
Zuma children vehicle costs
Zuma vehicle
Zuma children vehicle
Cash for Zuma
Zuma children allowance
Cash for Zuma
Zuma expense
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma vehicle
Zuma children education
Zuma children vehicle
Cash for Zuma

H
Classification
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Personal
Personal
Personal
Family
Personal
Family
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Family
Personal
Personal

J
Sub-classification
Other
Other
Other
Education
Other
Vehicle purchased
Vehicle associated
Cash
Cash
Vehicle associated
Cash
Other
Other
Other
Other
Vehicle finance
Cash
Vehicle finance
Other
Cash
Other
Travel and accomodation
Other
Other
Other
Other
Other
Cash
Cash
Cash
Vehicle associated
Vehicle finance
Vehicle finance
Cash
Other
Cash
Other
Other
Other
Other
Other
Travel and accomodation
Travel and accomodation
Travel and accomodation
Vehicle finance
Education
Vehicle finance
Cash

Schedule of Payments

 ABCD

A
Payment
number
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382

B
Date
21-Aug-02
30-Aug-02
30-Aug-02
30-Aug-02
30-Aug-02
30-Aug-02
07-Sep-02
13-Sep-02
15-Sep-02
17-Sep-02
18-Sep-02
18-Sep-02
19-Sep-02
19-Sep-02
19-Sep-02
19-Sep-02
19-Sep-02
21-Sep-02
26-Sep-02
30-Sep-02
01-Oct-02
02-Oct-02
02-Oct-02
07-Oct-02
15-Oct-02
19-Oct-02
22-Oct-02
07-Nov-02
12-Nov-02
12-Nov-02
13-Nov-02
03-Dec-02
07-Dec-02
11-Dec-02
12-Dec-02
13-Dec-02
19-Dec-02
19-Dec-02
19-Dec-02
19-Dec-02
19-Dec-02
19-Dec-02
20-Dec-02
24-Dec-02
24-Dec-02
28-Dec-02
02-Jan-03
07-Jan-03

Prepared by KPMG

C
Amount
700.00
600.00
600.00
600.00
600.00
400.00
1,886.90
5,000.00
4,381.00
523.23
1,416.00
670.50
2,286.00
495.01
949.00
1,753.10
2,097.39
600.00
1,000.00
719.00
21,000.00
73.10
5,000.00
1,891.96
2,500.00
1,000.00
1,000.00
1,891.96
5,000.00
1,271.36
3,308.00
15,000.00
1,891.96
5,000.00
1,000.00
44,100.00
600.00
600.00
600.00
600.00
400.00
3,000.00
10,000.00
7,500.00
2,000.00
10,000.00
1,478.30
1,891.96

D
Cumulative
2,055,099.53
2,055,699.53
2,056,299.53
2,056,899.53
2,057,499.53
2,057,899.53
2,059,786.43
2,064,786.43
2,069,167.43
2,069,690.66
2,071,106.66
2,071,777.16
2,074,063.16
2,074,558.17
2,075,507.17
2,077,260.27
2,079,357.66
2,079,957.66
2,080,957.66
2,081,676.66
2,102,676.66
2,102,749.76
2,107,749.76
2,109,641.72
2,112,141.72
2,113,141.72
2,114,141.72
2,116,033.68
2,121,033.68
2,122,305.04
2,125,613.04
2,140,613.04
2,142,505.00
2,147,505.00
2,148,505.00
2,192,605.00
2,193,205.00
2,193,805.00
2,194,405.00
2,195,005.00
2,195,405.00
2,198,405.00
2,208,405.00
2,215,905.00
2,217,905.00
2,227,905.00
2,229,383.30
2,231,275.26

E
Paying account holder
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Holdings (Shaik Credit card)
Nkobi Group/Shaik
Schabir Shaik
Schabir Shaik
Nkobi Holdings (Shaik Credit card)
Nkobi Group/Shaik
Nkobi Group/Shaik
Nkobi Group/Shaik
Nkobi Group/Shaik
Nkobi Group/Shaik
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Pro Con Africa
Schabir Shaik
Kobitech
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech Transport Systems
Kobitech
Nkobi Group/Shaik
Schabir Shaik
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Schabir Shaik
Schabir Shaik
Schabir Shaik
Nkobi Group/Shaik
Kobitech

F
Receiving account holder/for the benefit of
Cash (Zuma)
D Zuma
D Zuma
E Zuma
M Zuma
P Zuma
Bankfin (Hyundai Sonata)
Cash (Zuma)
SAA
Turners Travel
SAA
Twelve Apostles
British Airways
Turners Travel
Turners Travel
Turners Travel
Avis
NB Zuma
Cash (Zuma)
Turners Travel
ANC
Dr Davies-M Mbongeni
Cash
Bankfin (Hyundai Sonata)
Cash (Casanova)
Cash (Zuma)
Cash
Bankfin (Hyundai Sonata)
Cash
Westville Travel
Westville Travel
Cash
Bankfin (Hyundai Sonata)
Cash
Cape Technicon (D Zuma)
Cash (Tickets and allowance for Cuba)
D Zuma
E Zuma
D Zuma
NB Zuma
P Zuma
Ella Govender
Cash (Zuma)
Cash (Zuma)
Cash (Zuma)
Cash (Zuma)
Westville Travel
Bankfin (Hyundai Sonata)

Page 8

G
Classification
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children vehicle
Cash for Zuma
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma expense
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma children allowance
Cash for Zuma
Zuma/Zuma family travel costs
Zuma ANC levies
Zuma/Zuma family medical costs
Cash for Zuma/Zuma family
Zuma children vehicle
Zuma clothing
Cash for Zuma
Cash for Zuma/Zuma family
Zuma children vehicle
Cash for Zuma/Zuma family
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Cash for Zuma/Zuma family
Zuma children vehicle
Cash for Zuma/Zuma family
Zuma children education
Zuma/Zuma family travel costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Cash for Zuma
Cash for Zuma
Cash for Zuma
Cash for Zuma
Zuma/Zuma family travel costs
Zuma children vehicle

H
Classification
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal

J
Sub-classification
Cash
Other
Other
Other
Other
Other
Vehicle finance
Cash
Travel and accomodation
Travel and accomodation
Travel and accomodation
Travel and accomodation
Travel and accomodation
Travel and accomodation
Travel and accomodation
Travel and accomodation
Car rental
Other
Cash
Travel and accomodation
Other
Medical
Cash
Vehicle finance
Cash
Cash
Cash
Vehicle finance
Cash
Travel and accomodation
Travel and accomodation
Cash
Vehicle finance
Cash
Education
Travel and accomodation
Other
Other
Other
Other
Other
Housekeeping
Cash
Cash
Cash
Cash
Travel and accomodation
Vehicle finance

Schedule of Payments

 ABCD

A
Payment
number
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430

B
Date
20-Jan-03
24-Jan-03
25-Jan-03
31-Jan-03
31-Jan-03
31-Jan-03
31-Jan-03
31-Jan-03
31-Jan-03
01-Feb-03
01-Feb-03
03-Feb-03
06-Feb-03
07-Feb-03
12-Feb-03
12-Feb-03
18-Feb-03
18-Feb-03
18-Feb-03
27-Feb-03
27-Feb-03
27-Feb-03
04-Mar-03
07-Mar-03
07-Mar-03
07-Mar-03
08-Mar-03
31-Mar-03
31-Mar-03
31-Mar-03
31-Mar-03
09-Apr-03
11-Apr-03
14-Apr-03
14-Apr-03
18-Apr-03
19-Apr-03
24-Apr-03
30-Apr-03
30-Apr-03
30-Apr-03
30-Apr-03
30-Apr-03
30-Apr-03
13-May-03
14-May-03
14-May-03
14-May-03

Prepared by KPMG

C
Amount
6,000.00
100.00
1,000.00
600.00
600.00
600.00
600.00
400.00
3,000.00
3,500.00
2,000.00
700.00
12,000.00
1,891.96
7,077.11
3,000.00
270.00
500.00
300.00
400.00
400.00
400.00
7,273.18
1,491.96
8,730.20
2,901.61
2,000.00
3,058.75
400.00
400.00
400.00
3,990.00
1,500.00
400.00
400.00
1,000.00
1,000.00
3,000.00
400.00
400.00
400.00
400.00
400.00
3,500.00
861.90
4,332.50
5,000.00
596.00

D
Cumulative
2,237,275.26
2,237,375.26
2,238,375.26
2,238,975.26
2,239,575.26
2,240,175.26
2,240,775.26
2,241,175.26
2,244,175.26
2,247,675.26
2,249,675.26
2,250,375.26
2,262,375.26
2,264,267.22
2,271,344.33
2,274,344.33
2,274,614.33
2,275,114.33
2,275,414.33
2,275,814.33
2,276,214.33
2,276,614.33
2,283,887.51
2,285,379.47
2,294,109.67
2,297,011.28
2,299,011.28
2,302,070.03
2,302,470.03
2,302,870.03
2,303,270.03
2,307,260.03
2,308,760.03
2,309,160.03
2,309,560.03
2,310,560.03
2,311,560.03
2,314,560.03
2,314,960.03
2,315,360.03
2,315,760.03
2,316,160.03
2,316,560.03
2,320,060.03
2,320,921.93
2,325,254.43
2,330,254.43
2,330,850.43

E
Paying account holder
Kobitech Transport Systems
Cash
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
Cash (D Zuma)
Cash (Petrol for E Zuma)
Cash (E Zuma Univ books)
E Zuma
D Zuma
D Zuma
NB Zuma
P Zuma
Ella Govender
University of Zululand
Cash
Cash (Education)
Mazda Etude
Bankfin (Hyundai Sonata)
Cape Technicon (D Zuma)
Cash (Zuma)
EWC Couriers
City of Cape Town (Tazz fines)
City of Cape Town (Tazz fines)
ME Zuma
NB Zuma
P Zuma
International School of Cape Town (Vusi Zuma)
Bankfin (Hyundai Sonata)
Herschel School (P Zuma)
Ella Govender
Cash (Zuma)
Ella Govender
P Zuma
NB Zuma
E Zuma
David Strachan & Taylor
Cash (Zuma)
G Zuma
D Zuma
Cash
Cash (Zuma)
Cash (Zuma)
E Zuma
G Zuma
D Zuma
NB Zuma
P Zuma
Ella Govender
Avis
Herschel School (P Zuma)
University of Zululand
Dr PA Stead

Page 9

G
Classification
Cash for Zuma children
Zuma children vehicle costs
Zuma children education
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma children education
Cash for Zuma/Zuma family
Zuma children education
Zuma children vehicle
Zuma children vehicle
Zuma children education
Cash for Zuma
Zuma expense
Zuma traffic fine
Zuma traffic fine
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children vehicle
Zuma children education
Zuma household costs
Cash for Zuma
Zuma household costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma expense for tax services
Cash for Zuma
Zuma children allowance
Zuma children allowance
Cash for Zuma/Zuma family
Cash for Zuma
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma/Zuma family travel costs
Zuma children education
Zuma children education
Zuma/Zuma family medical costs

H
Classification
Family
Family
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Family
Personal
Personal
Family
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Personal
Family
Family
Personal
Family
Family
Family
Family
Personal
Personal
Family
Family
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Personal
Family
Family
Family

J
Sub-classification
Other
Other
Education
Other
Other
Other
Other
Other
Housekeeping
Education
Cash
Education
Vehicle purchased
Vehicle finance
Education
Cash
Other
Vehicle associated
Vehicle associated
Other
Other
Other
Education
Vehicle finance
Education
Housekeeping
Cash
Housekeeping
Other
Other
Other
Other
Cash
Other
Other
Cash
Cash
Cash
Other
Other
Other
Other
Other
Housekeeping
Car rental
Education
Education
Other

Schedule of Payments

 ABCD

A
Payment
number
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478

B
Date
15-May-03
22-May-03
26-May-03
26-May-03
29-May-03
29-May-03
29-May-03
29-May-03
29-May-03
29-May-03
06-Jun-03
09-Jun-03
09-Jun-03
13-Jun-03
17-Jun-03
25-Jun-03
25-Jun-03
26-Jun-03
27-Jun-03
27-Jun-03
27-Jun-03
27-Jun-03
27-Jun-03
27-Jun-03
28-Jun-03
30-Jun-03
30-Jun-03
03-Jul-03
08-Jul-03
16-Jul-03
16-Jul-03
19-Jul-03
21-Jul-03
24-Jul-03
26-Jul-03
30-Jul-03
30-Jul-03
30-Jul-03
30-Jul-03
30-Jul-03
30-Jul-03
30-Jul-03
30-Jul-03
31-Jul-03
02-Aug-03
15-Aug-03
15-Aug-03
18-Aug-03

Prepared by KPMG

C
Amount
3,154.10
5,000.00
17,625.96
6,546.60
400.00
400.00
400.00
400.00
4,332.50
1,000.00
2,500.00
400.00
3,500.00
5,000.00
17,625.91
3,000.00
2,000.00
1,000.00
400.00
400.00
400.00
400.00
400.00
3,430.55
10,000.00
6,546.60
17,625.91
7,448.00
3,000.00
350.00
350.00
500.00
500.00
1,000.00
3,000.00
6,546.60
1,000.00
400.00
400.00
400.00
400.00
400.00
2,671.78
5,000.00
1,138.68
4,231.35
2,963.00
3,000.00

D
Cumulative
2,334,004.53
2,339,004.53
2,356,630.49
2,363,177.09
2,363,577.09
2,363,977.09
2,364,377.09
2,364,777.09
2,369,109.59
2,370,109.59
2,372,609.59
2,373,009.59
2,376,509.59
2,381,509.59
2,399,135.50
2,402,135.50
2,404,135.50
2,405,135.50
2,405,535.50
2,405,935.50
2,406,335.50
2,406,735.50
2,407,135.50
2,410,566.05
2,420,566.05
2,427,112.65
2,444,738.56
2,452,186.56
2,455,186.56
2,455,536.56
2,455,886.56
2,456,386.56
2,456,886.56
2,457,886.56
2,460,886.56
2,467,433.16
2,468,433.16
2,468,833.16
2,469,233.16
2,469,633.16
2,470,033.16
2,470,433.16
2,473,104.94
2,478,104.94
2,479,243.62
2,483,474.97
2,486,437.97
2,489,437.97

E
Paying account holder
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Schabir Shaik
Kobitech
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Nkobi Group/Shaik
Schabir Shaik
Pro Con Africa
Pro Con Africa
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Schabir Shaik

F
Receiving account holder/for the benefit of
Ella Govender
Cash (Zuma)
Mthembu & Mahomed Attorneys
University of Zululand
E Zuma
G Zuma
NB Zuma
P Zuma
Herschel School (P Zuma)
University of Zululand
Cash (Zuma)
City of Cape Town (Tazz fines)
Ella Govender
Cash (Zuma)
Mthembu & Mahomed Attorneys
Cash (Zuma)
Cash (Zuma)
Cash (Zuma)
E Zuma
D Zuma
G Zuma
NB Zuma
P Zuma
Ella Govender
Cash (Zuma)
University of Zululand
Mthembu & Mahomed Attorneys
Westville Travel
Cash
G Zuma
NB Zuma
Cash
Cash
Cash
Cash
University of Zululand
University of Zululand
E Zuma
D Zuma
G Zuma
NB Zuma
P Zuma
Ella Govender
Cash
Avis
Herschel School (P Zuma)
International School of Cape Town (Vusi Zuma)
Cash

Page 10

G
Classification
Zuma household costs
Cash for Zuma
Zuma legal costs
Zuma children education
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children education
Cash for Zuma
Zuma traffic fine
Zuma household costs
Cash for Zuma
Zuma legal costs
Cash for Zuma
Cash for Zuma
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Cash for Zuma
Zuma children education
Zuma legal costs
Zuma/Zuma family travel costs
Cash for Zuma/Zuma family
Zuma children allowance
Zuma children allowance
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Zuma children education
Zuma children education
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Cash for Zuma/Zuma family
Zuma/Zuma family travel costs
Zuma children education
Zuma children education
Cash for Zuma/Zuma family

H
Classification
Family
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Personal
Family
Personal
Personal
Personal
Family
Family
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Family
Family
Personal

J
Sub-classification
Housekeeping
Cash
Other
Education
Other
Other
Other
Other
Education
Education
Cash
Vehicle associated
Housekeeping
Cash
Other
Cash
Cash
Cash
Other
Other
Other
Other
Other
Housekeeping
Cash
Education
Other
Travel and accomodation
Cash
Other
Other
Cash
Cash
Cash
Cash
Education
Education
Other
Other
Other
Other
Other
Housekeeping
Cash
Car rental
Education
Education
Cash

Schedule of Payments

 ABCD

A
Payment
number
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526

B
Date
28-Aug-03
28-Aug-03
28-Aug-03
28-Aug-03
28-Aug-03
28-Aug-03
28-Aug-03
28-Aug-03
28-Aug-03
17-Sep-03
19-Sep-03
22-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
30-Sep-03
02-Oct-03
04-Oct-03
14-Oct-03
18-Oct-03
24-Oct-03
27-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
31-Oct-03
13-Nov-03
13-Nov-03
14-Nov-03
14-Nov-03
15-Nov-03
16-Nov-03
27-Nov-03
27-Nov-03
28-Nov-03
28-Nov-03

Prepared by KPMG

C
Amount
400.00
400.00
400.00
400.00
400.00
3,999.90
5,077.80
6,546.60
2,549.50
3,000.00
4,000.00
2,592.00
186.00
400.00
400.00
400.00
400.00
400.00
5,077.80
6,546.60
3,383.94
5,000.00
3,500.00
2,164.63
5,000.00
54.72
5,000.00
400.00
400.00
400.00
400.00
400.00
15,000.00
4,073.00
2,981.50
6,546.60
1,000.00
3,500.00
4,662.00
1,451.00
5,000.00
1,100.00
377.92
933.55
3,220.00
8,310.00
4,073.00
400.00

D
Cumulative
2,489,837.97
2,490,237.97
2,490,637.97
2,491,037.97
2,491,437.97
2,495,437.87
2,500,515.67
2,507,062.27
2,509,611.77
2,512,611.77
2,516,611.77
2,519,203.77
2,519,389.77
2,519,789.77
2,520,189.77
2,520,589.77
2,520,989.77
2,521,389.77
2,526,467.57
2,533,014.17
2,536,398.11
2,541,398.11
2,544,898.11
2,547,062.74
2,552,062.74
2,552,117.46
2,557,117.46
2,557,517.46
2,557,917.46
2,558,317.46
2,558,717.46
2,559,117.46
2,574,117.46
2,578,190.46
2,581,171.96
2,587,718.56
2,588,718.56
2,592,218.56
2,596,880.56
2,598,331.56
2,603,331.56
2,604,431.56
2,604,809.48
2,605,743.03
2,608,963.03
2,617,273.03
2,621,346.03
2,621,746.03

E
Paying account holder
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech Transport Systems
Schabir Shaik
Nkobi Group/Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Nkobi Group/Shaik
Nkobi Holdings
Schabir Shaik
Nkobi Holdings
Nkobi Holdings
Nkobi Group/Shaik
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
G Zuma
D Zuma
NB Zuma
E Zuma
P Zuma
Herschel School (P Zuma)
International School of Cape Town (Vusi Zuma)
University of Zululand
Ella Govender
Cash
Cash
Westville Travel
Ella Govender (Tazz licence)
G Zuma
D Zuma
NB Zuma
E Zuma
P Zuma
International School of Cape Town (Vusi Zuma)
University of Zululand
Ella Govender
Cash (Zuma)
Cash
Ella Govender
Cash (Zuma)
EWC Couriers
Cash (Zuma)
G Zuma
D Zuma
NB Zuma
E Zuma
P Zuma
Cash (Sadie wedding)
Herschel School (P Zuma)
International School of Cape Town (Vusi Zuma)
University of Zululand
University of Zululand
Ella Govender
Westville Travel
Westville Travel
Cash (Zuma)
Cash (D Zuma)
Avis
Avis
Westville Travel
Cape Technicon (D Zuma)
Herschel School (P Zuma)
E Zuma

Page 11

G
Classification
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children education
Zuma children education
Zuma household costs
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Zuma/Zuma family travel costs
Zuma vehicle costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children education
Zuma household costs
Cash for Zuma
Cash for Zuma/Zuma family
Zuma household costs
Cash for Zuma
Zuma expense
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Cash for Zuma children
Zuma children education
Zuma children education
Zuma children education
Zuma children education
Zuma household costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Cash for Zuma
Cash for Zuma children
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma children education
Zuma children education
Zuma children allowance

H
Classification
Family
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Family
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Family
Personal
Personal
Personal
Family
Family
Family

J
Sub-classification
Other
Other
Other
Other
Other
Education
Education
Education
Housekeeping
Cash
Cash
Travel and accomodation
Vehicle associated
Other
Other
Other
Other
Other
Education
Education
Housekeeping
Cash
Cash
Housekeeping
Cash
Other
Cash
Other
Other
Other
Other
Other
Other
Education
Education
Education
Education
Housekeeping
Travel and accomodation
Travel and accomodation
Cash
Other
Car rental
Car rental
Travel and accomodation
Education
Education
Other

Schedule of Payments

 ABCD

A
Payment
number
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574

B

C

D

Date
28-Nov-03
28-Nov-03
28-Nov-03
28-Nov-03
28-Nov-03
28-Nov-03
30-Nov-03
30-Nov-03
09-Dec-03
17-Dec-03
17-Dec-03
17-Dec-03
17-Dec-03
19-Dec-03
19-Dec-03
19-Dec-03
20-Dec-03
22-Dec-03
24-Dec-03
27-Dec-03
10-Jan-04
15-Jan-04
29-Jan-04
29-Jan-04
29-Jan-04
29-Jan-04
29-Jan-04
29-Jan-04
02-Feb-04
04-Feb-04
04-Feb-04
05-Feb-04
10-Feb-04
17-Feb-04
20-Feb-04
20-Feb-04
20-Feb-04
26-Feb-04
26-Feb-04
26-Feb-04
26-Feb-04
26-Feb-04
26-Feb-04
26-Feb-04
26-Feb-04
02-Mar-04
02-Mar-04
03-Mar-04

Amount
400.00
400.00
400.00
400.00
3,918.48
2,981.50
1,133.76
627.90
5,000.00
1,000.00
1,000.00
800.00
600.00
400.00
3,500.00
15,000.00
2,000.00
2,000.00
50,000.00
5,000.00
5,000.00
7,000.00
400.00
400.00
400.00
400.00
400.00
3,500.00
5,000.00
400.00
5,100.00
4,900.00
6,017.25
4,500.00
319.56
241.50
3,500.00
6,559.00
4,732.00
400.00
400.00
400.00
400.00
400.00
427.22
100,000.00
3,500.00
3,500.00

Cumulative
2,622,146.03
2,622,546.03
2,622,946.03
2,623,346.03
2,627,264.51
2,630,246.01
2,631,379.77
2,632,007.67
2,637,007.67
2,638,007.67
2,639,007.67
2,639,807.67
2,640,407.67
2,640,807.67
2,644,307.67
2,659,307.67
2,661,307.67
2,663,307.67
2,713,307.67
2,718,307.67
2,723,307.67
2,730,307.67
2,730,707.67
2,731,107.67
2,731,507.67
2,731,907.67
2,732,307.67
2,735,807.67
2,740,807.67
2,741,207.67
2,746,307.67
2,751,207.67
2,757,224.92
2,761,724.92
2,762,044.48
2,762,285.98
2,765,785.98
2,772,344.98
2,777,076.98
2,777,476.98
2,777,876.98
2,778,276.98
2,778,676.98
2,779,076.98
2,779,504.20
2,879,504.20
2,883,004.20
2,886,504.20

Prepared by KPMG

E
Paying account holder
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Nkobi Group/Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Pro Con Africa
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech Transport Systems
Schabir Shaik
Schabir Shaik
Kobitech
Schabir Shaik
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech

F
Receiving account holder/for the benefit of
G Zuma
NB Zuma
P Zuma
D Zuma
Ella Govender
International School of Cape Town (Vusi Zuma)
Westville Travel
Avis
Cash (Zuma)
G Zuma
NB Zuma
D Zuma
P Zuma
E Zuma
Ella Govender
Cash
Cash
Cash (Zuma)
J Mahomed
R Manjoo
Cash (Zuma)
Cash (Zuma)
G Zuma
D Zuma
NB Zuma
E Zuma
P Zuma
Ella Govender
Cash (Zuma)
E Zuma
Cash
Cash
Claremont Hospital
Cash (Zuma)
Dr Morton & Partners
Dr Davies Pathologists
Ella Govender
International School of Cape Town (Vusi Zuma)
Herschel School (P Zuma)
G Zuma
D Zuma
NB Zuma
E Zuma
P Zuma
Ella Govender
JG Zuma
Cash (Zuma)
Ella Govender

Page 12

G
Classification
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma children education
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Cash for Zuma
Zuma legal costs
Zuma expense
Cash for Zuma
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Cash for Zuma
Zuma children allowance
Cash for Zuma/Zuma family
Cash for Zuma/Zuma family
Zuma/Zuma family medical costs
Cash for Zuma
Zuma/Zuma family medical costs
Zuma/Zuma family medical costs
Zuma household costs
Zuma children education
Zuma children education
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma
Cash for Zuma
Zuma household costs

H
Classification
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Family
Family
Family
Family
Family
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Personal
Family
Personal
Personal
Personal
Personal
Family
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Family

J
Sub-classification
Other
Other
Other
Other
Housekeeping
Education
Travel and accomodation
Car rental
Cash
Other
Other
Other
Other
Other
Cash
Housekeeping
Cash
Cash
Other
Other
Cash
Cash
Other
Other
Other
Other
Other
Housekeeping
Cash
Other
Cash
Cash
Medical
Cash
Other
Medical
Housekeeping
Education
Education
Other
Other
Other
Other
Other
Housekeeping
Cash
Cash
Housekeeping

Schedule of Payments

 ABCD

A
Payment
number
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622

B
Date
04-Mar-04
04-Mar-04
06-Mar-04
10-Mar-04
20-Mar-04
22-Mar-04
22-Mar-04
22-Mar-04
23-Mar-04
25-Mar-04
26-Mar-04
26-Mar-04
30-Mar-04
31-Mar-04
31-Mar-04
31-Mar-04
31-Mar-04
31-Mar-04
31-Mar-04
31-Mar-04
31-Mar-04
01-Apr-04
05-Apr-04
05-Apr-04
16-Apr-04
19-Apr-04
19-Apr-04
20-Apr-04
20-Apr-04
23-Apr-04
23-Apr-04
26-Apr-04
28-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
29-Apr-04
30-Apr-04
03-May-04
03-May-04
04-May-04
06-May-04

Prepared by KPMG

C
Amount
20,000.00
15,800.00
6,000.00
6,000.00
1,000.00
1,000.00
1,000.00
1,000.00
3,500.00
1,500.00
205.00
710.00
4,134.00
400.00
400.00
400.00
400.00
400.00
4,732.00
3,089.00
3,500.00
3,500.00
14,110.97
18,151.84
1,000.00
500.00
4,000.00
2,632.15
836.40
3,506.47
572.56
5,000.00
5,000.00
400.00
400.00
400.00
400.00
400.00
4,732.00
6,559.00
3,084.00
3,500.00
1,500.00
577.60
2,175.00
5,035.59
2,000.00
800.00

D
Cumulative
2,906,504.20
2,922,304.20
2,928,304.20
2,934,304.20
2,935,304.20
2,936,304.20
2,937,304.20
2,938,304.20
2,941,804.20
2,943,304.20
2,943,509.20
2,944,219.20
2,948,353.20
2,948,753.20
2,949,153.20
2,949,553.20
2,949,953.20
2,950,353.20
2,955,085.20
2,958,174.20
2,961,674.20
2,965,174.20
2,979,285.17
2,997,437.01
2,998,437.01
2,998,937.01
3,002,937.01
3,005,569.16
3,006,405.56
3,009,912.03
3,010,484.59
3,015,484.59
3,020,484.59
3,020,884.59
3,021,284.59
3,021,684.59
3,022,084.59
3,022,484.59
3,027,216.59
3,033,775.59
3,036,859.59
3,040,359.59
3,041,859.59
3,042,437.19
3,044,612.19
3,049,647.78
3,051,647.78
3,052,447.78

E
Paying account holder
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech Transport Systems
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
Reeves Parsee Trust a/c
Cash (Zuma)
Cash (Zuma)
Cash (Zuma)
Cash (Mhlongo)
Cash (Zuma)
Cash (Zuma)
Cash (Mhlongo)
Cash (Zuma) MFA Mahomed
Mhlongo
A Smith (P Zuma)
Dr JE Gardner
Eagle Taxis
D Zuma
G Zuma
NB Zuma
E Zuma
P Zuma
Herschel School (P Zuma)
Durban Girls School
Ella Govender
Cash (Zuma)
Eskom
Mhlathuze Water
Mhlongo
Mhlongo
Mhlongo
Eagle Taxis
Mhlongo
Ella Govender
City Hospital
Cash (Zuma)
Transfer to "Rose "
G Zuma
D Zuma
NB Zuma
E Zuma
P Zuma
Herschel School (P Zuma)
International School of Cape Town (Vusi Zuma)
Durban Girls School
Ella Govender
Mhlongo
Mhlongo
Pretoria Boys
Louis Pasteur Hospital
Mhlongo
Mhlongo

Page 13

G
Classification
Zuma expense
Cash for Zuma
Cash for Zuma
Cash for Zuma
Cash for Zuma/Zuma family
Cash for Zuma
Cash for Zuma
Cash for Zuma/Zuma family
Cash for Zuma
Zuma family costs
Zuma family costs
Zuma/Zuma family medical costs
Zuma/Zuma family travel costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children education
Zuma household costs
Cash for Zuma
Zuma expense
Zuma expense
Zuma family costs
Zuma family costs
Zuma family costs
Zuma/Zuma family travel costs
Zuma family costs
Zuma household costs
Zuma/Zuma family medical costs
Cash for Zuma
Zuma expense
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children education
Zuma children education
Zuma household costs
Zuma family costs
Zuma family costs
Zuma children education
Zuma/Zuma family medical costs
Zuma family costs
Zuma family costs

H
Classification
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Family
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Family
Personal
Personal
Personal

J
Sub-classification
Other
Cash
Cash
Cash
Cash
Cash
Cash
Cash
Cash
Other
Other
Other
Transport
Other
Other
Other
Other
Other
Education
Education
Housekeeping
Cash
Other
Other
Other
Other
Other
Transport
Other
Housekeeping
Medical
Cash
Cash
Other
Other
Other
Other
Other
Education
Education
Education
Housekeeping
Other
Other
Education
Medical
Other
Other

Schedule of Payments

 ABCD

A
Payment
number
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670

B
Date
25-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
28-May-04
21-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
29-Jun-04
30-Jun-04
01-Jul-04
08-Jul-04
22-Jul-04
29-Jul-04
30-Jul-04
23-Aug-04
23-Aug-04
23-Aug-04
23-Aug-04
23-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
26-Aug-04
04-Sep-04

Prepared by KPMG

C
Amount
5,000.00
400.00
400.00
400.00
3,500.00
2,175.00
4,732.00
3,083.25
1,977.59
400.00
2,000.00
1,800.00
330.45
356.25
400.00
400.00
400.00
227.20
2,175.00
400.00
5,499.67
2,080.50
2,000.00
644.30
1,304.60
320.28
657.86
356.07
1,800.00
400.00
400.00
400.00
400.00
5,000.00
400.00
400.00
400.00
400.00
4,729.27
9,323.20
6,559.00
6,172.00
2,175.00
7,000.00
2,000.00
1,116.00
1,800.00
2,500.00

D
Cumulative
3,057,447.78
3,057,847.78
3,058,247.78
3,058,647.78
3,062,147.78
3,064,322.78
3,069,054.78
3,072,138.03
3,074,115.62
3,074,515.62
3,076,515.62
3,078,315.62
3,078,646.07
3,079,002.32
3,079,402.32
3,079,802.32
3,080,202.32
3,080,429.52
3,082,604.52
3,083,004.52
3,088,504.19
3,090,584.69
3,092,584.69
3,093,228.99
3,094,533.59
3,094,853.87
3,095,511.73
3,095,867.80
3,097,667.80
3,098,067.80
3,098,467.80
3,098,867.80
3,099,267.80
3,104,267.80
3,104,667.80
3,105,067.80
3,105,467.80
3,105,867.80
3,110,597.07
3,119,920.27
3,126,479.27
3,132,651.27
3,134,826.27
3,141,826.27
3,143,826.27
3,144,942.27
3,146,742.27
3,149,242.27

E
Paying account holder
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik

F
Receiving account holder/for the benefit of
Cash (Zuma)
D Zuma
P Zuma
G Zuma
Ella Govender
Pretoria Boys
Herschel School (P Zuma)
Durban Girls School
Eagle Taxis
NB Zuma
Mhlongo
Mhlongo
Mhlongo
Mhlongo
D Zuma
P Zuma
NB Zuma
Herschel School (P Zuma)
Pretoria Boys
G Zuma
Ella Govender
Mhlongo
Mhlongo
Jackpersad, Rooknooden & Partners
Mhlongo
Mhlongo
Dr M Raniga
Mhlongo
Mhlongo
P Zuma
G Zuma
D Zuma
NB Zuma
Cash
G Zuma
D Zuma
NB Zuma
P Zuma
Eagle Taxis
Herschel School (P Zuma)
International School of Cape Town (Vusi Zuma)
Durban Girls School
Pretoria Boys
Ella Govender
Mhlongo
Mhlongo
Mhlongo
Cash (Zuma)

Page 14

G
Classification
Cash for Zuma
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma children education
Zuma children education
Zuma children education
Zuma/Zuma family travel costs
Zuma children allowance
Zuma family costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma children education
Zuma children allowance
Zuma household costs
Zuma family costs
Zuma family costs
Zuma/Zuma family medical costs
Zuma family costs
Zuma family costs
Zuma/Zuma family medical costs
Zuma family costs
Zuma family costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Cash for Zuma/Zuma family
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma/Zuma family travel costs
Zuma children education
Zuma children education
Zuma children education
Zuma children education
Zuma household costs
Zuma family costs
Zuma family costs
Zuma family costs
Cash for Zuma

H
Classification
Personal
Family
Family
Family
Family
Family
Family
Family
Personal
Family
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Personal
Family
Family
Family
Family
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal

J
Sub-classification
Cash
Other
Other
Other
Housekeeping
Education
Education
Education
Transport
Other
Other
Other
Other
Other
Other
Other
Other
Education
Education
Other
Housekeeping
Other
Other
Other
Other
Other
Medical
Other
Other
Other
Other
Other
Other
Cash
Other
Other
Other
Other
Transport
Education
Education
Education
Education
Housekeeping
Other
Other
Other
Cash

Schedule of Payments

 ABCD

A
Payment
number
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718

B
Date
09-Sep-04
10-Sep-04
13-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
28-Sep-04
01-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
28-Oct-04
15-Nov-04
15-Nov-04
17-Nov-04
19-Nov-04
27-Nov-04
27-Nov-04
29-Nov-04
29-Nov-04
29-Nov-04
29-Nov-04
29-Nov-04
29-Nov-04
29-Nov-04
29-Nov-04
14-Dec-04
15-Dec-04
15-Dec-04
15-Dec-04
15-Dec-04
15-Dec-04
15-Dec-04
15-Dec-04
15-Dec-04

Prepared by KPMG

C
Amount
259.21
410.68
127.50
400.00
400.00
400.00
400.00
5,272.01
3,500.00
558.00
1,800.00
2,000.00
780.00
342.65
400.00
400.00
400.00
400.00
3,648.42
7,024.00
6,037.00
8,922.80
558.00
1,800.00
2,000.00
2,742.12
455.96
2,000.00
11,542.37
1,000.00
2,000.00
400.00
400.00
400.00
400.00
3,500.00
2,000.00
558.00
1,800.00
448.37
400.00
400.00
400.00
400.00
2,445.81
3,500.00
6,133.32
558.00

D
Cumulative
3,149,501.48
3,149,912.16
3,150,039.66
3,150,439.66
3,150,839.66
3,151,239.66
3,151,639.66
3,156,911.67
3,160,411.67
3,160,969.67
3,162,769.67
3,164,769.67
3,165,549.67
3,165,892.32
3,166,292.32
3,166,692.32
3,167,092.32
3,167,492.32
3,171,140.74
3,178,164.74
3,184,201.74
3,193,124.54
3,193,682.54
3,195,482.54
3,197,482.54
3,200,224.66
3,200,680.62
3,202,680.62
3,214,222.99
3,215,222.99
3,217,222.99
3,217,622.99
3,218,022.99
3,218,422.99
3,218,822.99
3,222,322.99
3,224,322.99
3,224,880.99
3,226,680.99
3,227,129.36
3,227,529.36
3,227,929.36
3,228,329.36
3,228,729.36
3,231,175.17
3,234,675.17
3,240,808.49
3,241,366.49

E
Paying account holder
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Schabir Shaik
Kobitech
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
Mhlongo
Dr R van der Ross
Mhlongo
G Zuma
D Zuma
NB Zuma
P Zuma
Eagle Taxis
Ella Govender
Mhlongo
Mhlongo
Mhlongo
Mhlongo
Ella Govender (Tazz licence)
NB Zuma
P Zuma
G Zuma
D Zuma
Ella Govender
International School of Cape Town (Vusi Zuma)
Durban Girls School
Herschel School (P Zuma)
Mhlongo
Mhlongo
Mhlongo
Eagle Taxis
Mhlongo
Cash (Zuma)
Cape Technicon (D Zuma)
Cash (Zuma)
Cash
G Zuma
D Zuma
NB Zuma
P Zuma
Ella Govender
Mhlongo
Mhlongo
Mhlongo
Mhlongo
D Zuma
P Zuma
NB Zuma
G Zuma
Ella Govender
Ella Govender
Eagle Taxis
Mhlongo

Page 15

G
Classification
Zuma family costs
Zuma/Zuma family medical costs
Zuma family costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma/Zuma family travel costs
Zuma household costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma vehicle costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma children education
Zuma children education
Zuma children education
Zuma family costs
Zuma family costs
Zuma family costs
Zuma/Zuma family travel costs
Zuma family costs
Cash for Zuma
Zuma children education
Cash for Zuma
Cash for Zuma/Zuma family
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma household costs
Zuma/Zuma family travel costs
Zuma family costs

H
Classification
Personal
Personal
Personal
Family
Family
Family
Family
Personal
Family
Personal
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Personal
Personal

J
Sub-classification
Other
Medical
Other
Other
Other
Other
Other
Transport
Housekeeping
Other
Other
Other
Other
Vehicle associated
Other
Other
Other
Other
Housekeeping
Education
Education
Education
Other
Other
Other
Transport
Other
Cash
Education
Cash
Cash
Other
Other
Other
Other
Housekeeping
Other
Other
Other
Other
Other
Other
Other
Other
Housekeeping
Housekeeping
Transport
Other

Schedule of Payments

 ABCD

A
Payment
number
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766

B

C

D

Date
15-Dec-04
15-Dec-04
20-Dec-04
20-Dec-04
02-Jan-05
02-Jan-05
05-Jan-05
12-Jan-05
12-Jan-05
19-Jan-05
27-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
31-Jan-05
02-Feb-05
10-Feb-05
11-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
25-Feb-05
02-Mar-05
08-Mar-05
22-Mar-05
23-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
30-Mar-05
31-Mar-05

Amount
1,800.00
2,000.00
3,000.00
5,000.00
2,000.00
1,000.00
1,000.00
644.79
1,177.30
2,285.55
1,200.00
1,832.47
400.00
400.00
400.00
400.00
3,500.00
9,300.00
1,800.00
558.00
2,000.00
567.61
5,080.00
558.00
2,726.37
400.00
400.00
400.00
400.00
3,500.00
2,700.00
1,800.00
1,452.00
5,080.00
2,940.00
773.64
300,000.00
5,000.00
3,141.54
4,000.00
400.00
400.00
400.00
400.00
2,940.00
1,800.00
2,700.00
3,794.00

Cumulative
3,243,166.49
3,245,166.49
3,248,166.49
3,253,166.49
3,255,166.49
3,256,166.49
3,257,166.49
3,257,811.28
3,258,988.58
3,261,274.13
3,262,474.13
3,264,306.60
3,264,706.60
3,265,106.60
3,265,506.60
3,265,906.60
3,269,406.60
3,278,706.60
3,280,506.60
3,281,064.60
3,283,064.60
3,283,632.21
3,288,712.21
3,289,270.21
3,291,996.58
3,292,396.58
3,292,796.58
3,293,196.58
3,293,596.58
3,297,096.58
3,299,796.58
3,301,596.58
3,303,048.58
3,308,128.58
3,311,068.58
3,311,842.22
3,611,842.22
3,616,842.22
3,619,983.76
3,623,983.76
3,624,383.76
3,624,783.76
3,625,183.76
3,625,583.76
3,628,523.76
3,630,323.76
3,633,023.76
3,636,817.76

Prepared by KPMG

E
Paying account holder
Kobitech
Kobitech
Kobitech
Kobitech
Schabir Shaik
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Kobitech Transport Systems
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech Transport Systems
Schabir Shaik
Schabir Shaik
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech

F
Receiving account holder/for the benefit of
Mhlongo
Mhlongo
JG Zuma
JG Zuma
Cash (Zuma)
Cash (Zuma)
Cash (Zuma)
Mhlongo
Mhlongo
Ella Govender
Mhlongo
Eagle Taxis
G Zuma
D Zuma
NB Zuma
P Zuma
Ella Govender
Durban Girls School
Mhlongo
Mhlongo
Mhlongo
Mhlongo
International School of Cape Town (Vusi Zuma)
Mhlongo
Eagle Taxis
NB Zuma
D Zuma
P Zuma
G Zuma
Ella Govender
Mhlongo
Mhlongo
Mhlongo
International School of Cape Town (Vusi Zuma)
Westerford High (T Zuma)
Mhlongo
JG Zuma
Cash (Zuma)
Eagle Taxis
Ella Govender
NB Zuma
P Zuma
G Zuma
D Zuma
Westerford High (T Zuma)
Mhlongo
Mhlongo
Durban Girls School

Page 16

G
Classification
Zuma family costs
Zuma family costs
Zuma
Zuma
Cash for Zuma
Cash for Zuma
Cash for Zuma
Zuma family costs
Zuma family costs
Zuma household costs
Zuma family costs
Zuma/Zuma family travel costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma children education
Zuma family costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma children education
Zuma family costs
Zuma/Zuma family travel costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma household costs
Zuma family costs
Zuma family costs
Zuma family costs
Zuma children education
Zuma children education
Zuma family costs
Zuma
Cash for Zuma
Zuma/Zuma family travel costs
Zuma household costs
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children allowance
Zuma children education
Zuma family costs
Zuma family costs
Zuma children education

H
Classification
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Personal
Family
Personal
Personal
Family
Family
Family
Family
Family
Family
Personal
Personal
Personal
Personal
Family
Personal
Personal
Family
Family
Family
Family
Family
Personal
Personal
Personal
Family
Family
Personal
Personal
Personal
Personal
Family
Family
Family
Family
Family
Family
Personal
Personal
Family

J
Sub-classification
Other
Other
Cash
Cash
Cash
Cash
Cash
Other
Other
Housekeeping
Other
Transport
Other
Other
Other
Other
Housekeeping
Education
Other
Other
Other
Other
Education
Other
Transport
Other
Other
Other
Other
Housekeeping
Other
Other
Other
Education
Education
Other
Cash
Cash
Transport
Housekeeping
Other
Other
Other
Other
Education
Other
Other
Education

Schedule of Payments

 ABCD

A
Payment
number
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783

B

C

D

Date
31-Mar-05
07-Apr-05
07-Apr-05
07-Apr-05
28-Apr-05
28-Apr-05
03-May-05
06-May-05
20-May-05
27-May-05
27-May-05
27-May-05
27-May-05
01-Jun-05
23-Jun-05
25-Jun-05
01-Jul-05

Amount
267.73
9,660.00
500.00
85.00
1,800.00
2,700.00
4,000.00
537.89
3,305.07
3,369.51
4,000.00
2,700.00
1,800.00
393.80
400,000.00
169.29
393.80

Cumulative
3,637,085.49
3,646,745.49
3,647,245.49
3,647,330.49
3,649,130.49
3,651,830.49
3,655,830.49
3,656,368.38
3,659,673.45
3,663,042.96
3,667,042.96
3,669,742.96
3,671,542.96
3,671,936.76
4,071,936.76
4,072,106.05
4,072,499.85

Prepared by KPMG

E
Paying account holder
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Kobitech
Nkobi Group/Shaik
Kobitech
Nkobi Group/Shaik
Nkobi Group/Shaik

F
Receiving account holder/for the benefit of
Mhlongo
International School of Cape Town (Vusi Zuma)
Cash (Mhlongo)
M Moodliar (Mhlongo)
Mhlongo
Mhlongo
Ella Govender
Mhlongo
Eagle Taxis
Eagle Taxis
Ella Govender
Mhlongo
Mhlongo
ABSA insurance (Tazz)
Development Africa
EWC Couriers
ABSA insurance (Tazz)

Page 17

G
Classification
Zuma family costs
Zuma children education
Cash for Zuma/Zuma family
Zuma family costs
Zuma family costs
Zuma family costs
Zuma household costs
Zuma family costs
Zuma/Zuma family travel costs
Zuma/Zuma family travel costs
Zuma household costs
Zuma family costs
Zuma family costs
Zuma vehicle costs
Zuma debt
Zuma expense
Zuma vehicle costs

H
Classification
Personal
Family
Personal
Personal
Personal
Personal
Family
Personal
Personal
Personal
Family
Personal
Personal
Personal
Personal
Personal
Personal

J
Sub-classification
Other
Education
Cash
Other
Other
Other
Housekeeping
Other
Transport
Transport
Housekeeping
Other
Other
Vehicle associated
Development Africa
Other
Vehicle associated

Schedule of Payments

 WARRANT TO SUMMON ACCUSED AND SERVE
NOTICE OF TRIAL IN THE HIGH COURT OF
SOUTH AFRICA
REF NO: PTA 1/4/3 (21/00)

Province/
Provinsie

R193 - J172
LASBRIEF TOT DAGVAARDING VAN
BESKULDIGDE EN BETEKENING VAN
KENNISGEWING VAN VERHOOR IN DIE
HOOGGEREGSHOF VAN SUID-AFRIKA

ENQ: ADV A STEYNBERG – DSO

KWAZULU-NATAL

Place of trial/ PIETERMARITZBURG
Plek van verhoor

TEL NO: 031 3345000

Division/ NATAL PROVINCIAL DIVISION
Afdeling
Court/ HIGH
Hof

Date of trial/ Verhoordatum

4 AUGUST – 12 DECEMBER 2008

Name of accused/ Naam van beskuldigde

1. JACOB GEDLEYIHLEKISA ZUMA
2. THINT HOLDING (SOUTHERN AFRICA) (PTY) (LTD) (AS REPRESENTED BY PIERRE JEAN- MARIE ROBERT
MOYNOT)
3. THINT (PTY) LTD (AS REPRESENTED BY PIERRE JEAN- MARIE ROBERT MOYNOT)

Address/ Adress
AS PER ANNEXURE/SOOS ANHANGSEL
Sex/ 1. MALE
Geslag

Age/ 1. ADULT
Ouderdom

Identity No./
Identiteits No.

To the Sherrif or other Authorised Official:

Aan die Balju of ander Gemagtigde Beampte:

You are hereby required and directed in the name and
on behalf of the State to summon the abovementioned person/s to appear personally before the
above-mentioned Court on the date stated above at
09:00 and the following days, if necessary, to answer
and abide the judgment of the Court upon a certain
indictment (copy whereof attached) to be preferred
against him/her by the Director of Public Prosecutions
alleging that he/she is guilty of the offence(s) set out in
the said indictment, AND

Namens en ten behoewe van die Staat word u
hiermee gelas om bogenoemde persoon/persone te
dagvaar om in persoon voor bogenoemde Hof om
09:00 op die datum wat hierbo gemeld word en
daaropvolgende dae, indien nodig, te verskyn om
verantwoording te doen voor die Hof en uitspraak af te
wag insake >n sekere akte van beskuldiging (waarvan
>n afskrif aangeheg is) waarin aangevoer word deur
die Direkteur van Openbare Vervolgings dat hy/sy na
bewering skuldig is aan die misdryf/misdrywe in die
genoemde akte van beskuldiging uiteengesit, EN

Serve on the accused a copy of this warrant and the
indictment and report to the Registrar of the said
Division what you have done thereon.

Beteken aan die beskuldigde >n afskrif van hierdie
lasbrief en die akte van beskuldiging en doen aan die
Griffier van voormelde Afdeling verslag van wat u
hieromtrent gedoen het.

The accused must be informed that he/she has the
right to consult with a legal practitioner of his/her
choice, and if he/she cannot afford a legal practitioner,
he/she may apply for legal aid at the local Legal Aid
Officer.

Dated at PIETERMARITZBURG on this
27 day of DECEMBER 2007

Die beskuldigde moet ingelig word dat hy/sy die reg
het om met >n regspraktisyn van sy/haar keuse te
konsulteer en, indien hy/sy nie >n regspraktisyn kan
bekostig nie, hy/sy aansoek kan doen om regshulp by
die plaaslike Regshulpbeampte.

Gedateer te PIETERMARITZBURG op hierdie
27 dag van DECEMBER 2007

_______________________
Date Stamp/Datum Stempel
_____________________________________________________________________
Acting Assistant Registrar: High Court CUM Authorized Representative of the
Office Manager (successor to the Chief Clerk) to the Director of Public Prosecutions/
Waarnemende Assistent Griffier: Hooggeregshof CUM Gemagtigde Verteenwoordiger van die
Kantoorbestuurder (opvolger van die Hofklerk) van die Direkteur van Openbare Vervolgings

 ANNEXURE TO J172/AANHANGSEL VIR J172
1.

8/10 EPPING STREET
FOREST TOWN
JOHANNESBURG
OR
NKANDLA TRADITIONAL VILLAGE
WARD: NXAMALALA TRIBAL AUTHORITY
DISTRICT OF NKANDLA

2. AND 3. 1ST FLOOR, BROOKLYN PLACE
266 BRONKHORST STREET
CNR DEY AND BRONKHORST STREETS
NIEUW MUCKLENEUK
PRETORIA
OR
149 OUDEBERG ROAD
WATERKLOOF HEIGHTS
PRETORIA