Allan Boesak, the well-known cleric and anti-apartheid activist, will stand at the crossroads of his life when his appeal to challenge his conviction and six-year sentence on fraud and theft charges starts in the Appeal Court in Bloemfontein on Wednesday.
Two days have been set aside and more than 6 000 pages of documentation filed for the hearing, which will be held in open court.
Boesak was given an effective six-year prison sentence more than a year ago, but has been out on his own recognisances pending the outcome of his petition.
In documents before the court, Boesak claims there was no evidence to implicate him in any of the crimes of which he was convicted, and says he was found guilty on circumstantial evidence.
He also contends that the court's decision was biased.
"As a result of extensive media coverage from 1994 onwards, a general and public perception of my guilt has been established," says Boesak.
"The court's findings and convictions are so wrong and so misdirected that it is difficult to explain other than on the basis that it resulted from such a general perception," he said.
Boesak submits that he had been severely prejudiced by the court's findings and the resultant media attention, which he says has all but destroyed his life.
Neither he nor his wife Elna have been able to find gainful employment, and they were dependent on the largesse of others for support of themselves and their minor child.
Boesak was originally charged on 12 fraud and 20 theft counts. On March 17 last year, the Cape Town High Court found him guilty of pocketing R259 000, donated by United States pop star Paul Simon to a trust set up for children who had suffered under apartheid.
He was also convicted of stealing money from Swedish aid organisation Sida - money which had been intended to produce educational video and audio cassettes on democracy.
Boesak was also found guilty of using R322 722 from the Foundation for Peace and Justice, of which he was the director, for his own gain.
In his petition to the Appeal Court, Boesak claims Simon had paid him the R259 000 for his political work and to cover travel expenses.
There was no evidence, he says, that the entire amount of R682 000 donated by Simon had been intended for the children's fund (which received R423 000).
The deed of trust did not mention an amount. Boesak also disputed the court's finding that if he had, indeed, been given the money, he had a moral duty to inform the trustees of the fund of his share.
He also rejected the court's conclusion that he used part of the R259 000 for private purposes.
Boesak alleged that the court "approached the matter as if there was an onus on myself to prove my defence".
Since Simon was a state witness, the court's criticism of Boesak for not calling him to corroborate his evidence was "completely startling".
Boesak was convicted on one fraud and one theft charge related to the Simon donation.
On count nine, theft from the Sida grant, Boesak rejected the court's finding that he had used the 1,8 million Kronen for purposes not intended by the donor.
He did not set up a radio and television studio with the money as was alleged in the charge sheet, Boesak said.
The agreement with Sida had allowed for the creation of an audio-visual unit, the renting of premises, the purchasing of equipment and furniture, and two full-time employees.
The court was therefore wrong in finding that the money had been intended merely for the production part of the project. Sida complained that the donor funds had been exhausted before any videos were produced, yet it had agreed from the start that the grant would not be enough for the entire project, Boesak claimed.
On count 31, the theft of R322 722 from FPJ accounts as well as an "urban discretionary account" alleged to have belonged to the FPJ, Boesak said he had been found guilty of offences with which he had not been charged.
A part of the money, R50 158, was found to have belonged to the Dutch Reformed Mission Church in Bellville, where Boesak used to be a minister.
In its notice of opposition, the state said there was no proof that Boesak had been allowed to keep a portion of Simon's grant.
If, in fact, the R259 000 was given to Boesak for travel expenses in securing the grant, Boesak had a responsibility to inform the trustees.
The state maintained Sida had not intended for Boesak to set up a studio with its grant.
On the last count of stealing from the FPJ, the state argued that the accounts Boesak used were not his own.
Acting Chief Justice Hendrik van Heerden will preside. - Sapa