It was a letter signed by Deputy President Jacob Zuma, saying there was no need for the Heath Special Investigating Unit to probe the arms deal, that took centre stage in the trial of Durban businessman Schabir Shaik yesterday.

Shaik has pleaded not guilty to charges of fraud and corruption.

At the centre of the drama, as described to the Durban High Court by IFP MP and former chairman of Parliament's Standing Committee on Public Accounts (Scopa) Gavin Woods, is a letter signed by Zuma making it clear that the government felt that there was no need for the Heath unit to investigate corruption allegations about the arms deal.

But both the leader of the Independent Democrats, Patricia de Lille, and Woods yesterday told the court that they had wanted Judge Willem Heath to investigate the arms deal because his now-defunct unit had had the power to cancel corrupt contracts.

De Lille was the first to ask for an investigation shortly after she received a series of documents making a great number of allegations about the arms deal.

A year later, Woods asked that the Heath unit be included in the probe by the Public Protector, National Directorate of Public Prosecutions and the Auditor-General.

He had to settle for a joint investigation by the other three.

De Lille yesterday said in her evidence that she was ostracised after she asked for an investigation, but said she had done so for the people of South Africa.

Under cross-examination, she was accused of using the issue to attack the ANC.

She also said she wanted Heath to investigate and had given the unit her information, but President Thabo Mbeki would not sign a proclamation.

Woods told the court that his committee again asked for the Heath unit to be involved a year later. He claimed that Zuma's insistence that the Heath unit be excluded was suspicious.

Advocate Billy Downer SC, for the state, said this was done because there was an agreement that Zuma would be paid a bribe, facilitated by Shaik, to protect French arms company Thomson from investigation.

But Shaik's counsel, Francois van Zyl SC, compelled Woods to concede that several government ministers, including the Minister of Justice Penuell Maduna, the Public Protector and the Director of Public Prosecutions, were also in favour of excluding the Heath unit from the probe. He said Zuma was only expressing the government's view.

Woods said that this might possibly be so, but insisted in turn that he found Zuma's letter puzzling and suspicious. He said the other government officials did not send documents explaining their opinions to the major contractors in the arms deal, like Thomson.

Woods said the letter was signed in Zuma's capacity as head of government business.

"I was fairly alarmed. To get a letter this strongly worded and hostile was intimidating."

Woods said it was highly possible that Zuma's letter could have been written on behalf of the government, but there was reason to question if this was indeed the case.

In cross-examination, however, he conceded that the director-general of a department would often write letters on "difficult issues".

Woods eventually resigned as chairman of Scopa.

The trial continues.

With acknowledgement to Estelle Ellis and the Daily News.

*1 It is most probable that this letter was drafted by the Legal Advisor in the Presidency, who is a functionary for both the President and the Deputy President.

However, the person in whose name communications are formalised and especially when this latter designated person actually signs the communication, accepts full responsibility for the content and tone of the communication.