Deputy President Jacob Zuma's attack on the Scorpions this week and his claim that he has been cleared of corruption by an arms company could have legal and diplomatic repercussions on the eve of President Thabo Mbeki's state visit to France.

In a statement this week, Zuma said he had lodged a complaint with the public protector against Bulelani Ngcuka, the Scorpions chief. He also disclosed that a response he received from French arms deal beneficiary [Thomson] Thales "clearly confirmed to me that the national director had no basis for continuing the investigation against me".

Zuma's office was not willing, however, to release details of the "clearance" received from the company from which he is alleged to have solicited a bribe. Thales directors were not available for comment. But in an earlier statement to Independent Newspapers Thales said that, while no bribe had been paid, the company was not prepared to comment on whether one had been solicited.

Zuma's statement comes at a crucial stage in sensitive negotiations between France and South Africa over a request by the Scorpions to make further probes into Thales, a bidder in the corvette deal. Sources in the prosecuting authority indicated this week that Zuma's approach to the company about the "encrypted fax", which allegedly implicates him in the soliciting of a R500 000 bribe, may have interfered with the judicial process and could complicate the trial of Schabir Shaik, his financial adviser, who is connected to (Thomson) Thales through African Defence Systems.

Sipho Ngwema, spokesperson for the Scorpions, would not comment on Zuma's statement, but confirmed the evidence sought from France was crucial for Shaik's successful prosecution for corruption and fraud.

Ngwema said the Scorpions were still waiting for the green light from French authorities for a second investigation into the company's deals during the arms acquisition process. The French judge who executed a first investigation on behalf of the Scorpions, Edith Boizette, is still sitting on the second request, made in July. Because it involves a French armaments company, she had to seek the French minister of justice's confirmation that the inquiry is not against "the defence of France's higher interests".

The matter is now in the hands of the French minister of justice, who also has to consult the defence minister. This procedure could take months if the ministers disagree.

A French ministry of justice spokesperson said this week that he could not comment on Zuma's statement, but confirmed that should the judge be given the go-ahead to investigate, she would have to take into account the deputy president's statement.

Lawyers close to the investigation hinted that if the statement complicated further investigations, Zuma might be found in breach of the law.

The National Prosecuting Authority Act 32 of 1998 stipulates that "no organ and no member or employee of an organ of state nor any other person shall improperly interfere with, hinder or obstruct the prosecuting authority or any member thereof in the exercise, carrying out or performance of its, his or her powers, duties and functions".

With Judge Boizette on leave until next Friday, it is unlikely that any decision will precede Mbeki's visit.

However, one French journal has speculated that clearance for another investigation would depend on Mbeki's support for the Scorpions' request "and an official interest in not rocking the boat after the French success in the arms deals".

The Indian Ocean Newsletter (ION) wrote: "French diplomats want to be sure that Mbeki supports the Scorpions' initiatives."

Southscan, a fortnightly newsletter, said: "The key to the matter is the attitude of President Thabo Mbeki, who has publicly stayed clear of the debate till now. However, there is no doubt the Elysee will seek to avoid being drawn into a murky South African internal affair, given the high monetary stakes, the high profile of Zuma and his key role in current regional and international diplomacy."

But Bheki Khumalo, the presidential spokesperson, said on Friday that the issue was "definitely not" on the agenda for the three-day state visit from November 14 to France.

"This is a matter for the prosecuting authorities of both countries to resolve," he said. "If there are questions [around the issue], it should be dealt with through their South African counterpart, the minister of justice." The office of Penuell Maduna, the justice minister, said he was not scheduled to accompany Mbeki, who would avoid taking sides on the issue.

With acknowledgements to Christelle Terreblanche and the Sunday Independent.