South Africa Case Law

S v Shaik and Others (CCT 86/07)

S v Shaik and Others (CCT 86/07) [2008] ZACC 7; 2008 (5) SA 354 (CC) ; 2008 (2) SACR 165 (CC) ; 2008 (8) BCLR 834 (CC) (29 May 2008)

Court

Constitutional Court

Case number

CCT 86/07

Judges

O'Regan, Langa, Jafta, Kroon, Madala, Mokgoro, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that both the shareholding and dividends received by the appellants were proceeds of crime under the Prevention of Organised Crime Act, as they resulted directly from corrupt payments made to Mr Zuma to influence his conduct for the benefit of Mr Shaik and his companies. The Court found that the intervention of Mr Zuma was causally linked to the acquisition of the shareholding and dividends, and that the appellants did not have enforceable contractual rights to the shareholding absent Mr Zuma's intervention. The Act's definition of proceeds is broad and includes…

Source excerpt

• Corruption
• Proceeds Of Crime
• Confiscation Order
• Prevention Of Organised Crime Act
• Joint And Several Liability
• Constitutional Purposes