SCHABIR Shaik, who was found guilty of bribing Jacob Zuma and sentenced to 15 years in jail, lives as a free man today. Not because he is supposed to.

But thanks to his alleged terminal illness, he was released prematurely. He is enjoying his golf and cars, while in a permanently terminally ill mode.

But the corruption judgment against him, which he appealed in vain, is enduring.

It remains the guiding precedent on major corruption cases.

This was demonstrated when the Supreme Court of Appeal rejected an appeal by Jackie Selebi, the former police national commissioner, to set aside his corruption conviction that carries a 15-year jail term.

Supporting the ruling of Deputy Judge President Kenneth Mthiyane, colleague Judge S Snyders cited the Shaik case to make a point that Selebi had received payments from convicted drug lord Glen Agliotti in exchange for police favours.

Through the payments Selebi felt beholden to Agliotti in a manner than compromised his duties as head of the police service.

Snyders cited from judgment in the appeal matter in the State v Shaik & Others in which thecourt stated: "If (Jacob) Zuma could not repay money, how else could he do so than by providing the help of his name and political office as and when it was asked, particularly in the field of government contracted work, which is what Shaik was hoping to benefit from?

"And Shaik must have foreseen and, by inference, did foresee that if he made these payments, Zuma would respond in that way ... he also realised the possible advantages to his business interests of providing the means to retain Zuma's goodwill by helping him to support a lifestyle beyond what he could afford on his minister's remuneration."

The judge then concluded: "In my view, the appellant (Selebi) must have realised that Agliotti's generosity and the payments he received from him created a dynamic, whereby he, in his post as head of the nation's police service, would be indebted to him and would have to remain willing to do him favours."

Thus, Selebi's abuse of his authority and the breach of trust placed on him was confirmed by the court. Now he must wear prison uniform.

But the big question for many South Africans, especially in the light of his sudden collapse and hospitalisation, is whether he, like Shaik, will escape jail.

If this happens it would be a blow to the principle of equality before the law - a principle that has a pride of place in the Freedom Charter and the Constitution, for which Selebi himself fought.