For aficionados of the intricacies of SA's arms-procurement process, one unanswered question that stands out is: were any bribes actually ever paid?

The court document providing the clues is an encrypted fax sent by then head of the local branch of French arms group Thomson CSF, Alain Thetard, to his boss, Yann de Jomaron. The fax mentions a request for "protection" of Thomson CSF in "current investigations". It mentions R500 000 a year.

But there is no indication yet that money changed hands, and there is some indication that no money changed hands. According to court papers, a bribe was confirmed at a meeting on March 11 2000, attended by "JZ", thought to be Deputy President Jacob Zuma, and Nkobi Investments CEO Schabir Shaik.

A fax Shaik sent Thetard on October 6 2000 states: "My party is now saying that we are reneging on the agreed understanding". Later it says: "Several months later, no real action. I share the sentiments with my party that he feels let down, this is particularly unpleasing".

There are questions about timing. Shaik claims that Zuma's bank records were subpoenaed and show no record of any R500 000 deposit. There is a record of a R500 000 deposit by Thomson CSF (now Thales) for Nkobi Holdings, said to be among the Reserve Bank's records of foreign currency transactions.

But Shaik says this transaction was on September 5 1999, before the meeting at which the alleged bribe was demanded, and if there was a bribe it should follow the request, not precede it.

Critics point out that while it may have preceded the March 11 meeting, a crucial fax mentions a date a few days before the transfer, commencing: "Following our interview held on 30/9/1999 with S Shaik in Durban".

But Shaik has a different explanation. He says the R500 000 was payment for a 10% stake in a French company, which owned a part of the local branch of Thomson CSF. Shaik also owned 30% of a local arms company, Prodiba.

Thompson realised later Shaik had a direct stake through his Nkobi Holdings plus an indirect stake through another French firm. The intention was that the three parties in this deal should each hold only a third of Prodiba, but Shaik's indirect holding in Prodiba gave him two bites of the cherry. After negotiations the French paid Shaik R500 000 for this indirect stake, he said.

The law does not require money to change hands for the crime of corruption to have been perpetrated, but it does require proof.

With acknowledgements to Tim Cohen and the Business Day.