Businessman Schabir Shaik is disputing the validity of a summons forcing him to answer questions on claims that Deputy President Jacob Zuma tried to secure a bribe from a French defence company.

Shaik, who is Zuma's financial adviser, argues that the attempt to make him answer questions about Zuma allegedly receiving a R500 000 bribe from a company involved in SA's multi-billion-rand arms deal would violate his constitutional rights. Both Zuma and Shaik have strongly denied the bribery allegations.

The allegations, made in court papers which became public in December last year, detail an alleged arrangement for the French defence group, Thales, to pay Zuma R500 000 a year in exchange for "protection" from a government investigation, as well as continued support that could benefit the company.

In the Durban High Court on Friday, Shaik's counsel, Nirmal Singh, questioned whether it was legally proper for suspects and accused people to be summonsed to testify in cases in which they could be incriminated. Singh argued that doing so would violate an accused's constitutional right to a fair trial.

The state's submission is that any person may be summonsed under Section 28 (6) of the National Prosecuting Authority Act, the legislation in terms of which Shaik was ordered to testify.

Marumo Moerane SC, who is representing Director of Public Prosecutions Bulelani Ngcuka, said Shaik was a suspect and not an accused in this case. Shaik therefore did not enjoy the right to remain silent, he argued.

On Friday Judge Ron McLaren reserved judgment in the matter.

Shaik was arrested in November 2001 for allegedly stealing documents relating to a confidential Cabinet meeting at which the arms deal was discussed.

At the time, he was a director of Nkobi Holdings, African Defence Systems and Thomson - all alleged to have benefit ed from the arms deal. He is out on bail of R1 000.

Shaik also showered former Transport Minister Mac Maharaj and his wife with gifts and payments worth more than R500 000.

Maharaj was still in the Cabinet at the time that he received most of the gifts and money.

Shaik is the chief executive of Nkobi Investments, part of the N3 Toll Road Consortium which was awarded a R2.5-billion tender to upgrade the national road between Johannesburg and Durban by the Department of Transport while Maharaj was the minister.

With acknowledgement to Ilse Fredericks and the Sunday Times.