Durban - Two politicians have told the trial of Schabir Shaik that they had hit brick walls in their attempts to have then-judge Willem Heath and his special investigative unit look into the multibillion-rand arms deal.

Shaik has pleaded not guilty to two counts of corruption and one of fraud.

Independent Democrats leader Patricia de Lille told the Durban High Court yesterday that in 1999 she had received information about corruption in the deal.

She wanted Heath to investigate, but President Thabo Mbeki would not sign a proclamation.

The former chairman of parliament's standing committee on public accounts (Scopa), Gavin Woods (IFP), has told he court that in late 2000 the committee wanted the Heath unit to investigate the deal with the Public Protector, National Directorate of Public Prosecutions and the auditor-general, but had to settle for a joint investigation by the last three. The Heath unit had the power to have corrupt contracts cancelled.

The state says the exclusion of the Heath unit was suspicious, specifically as referred to in a letter written in January, 2001, by Deputy President Jacob Zuma.

Billy Downer, SC, leading the prosecution team, said it was the state's case that this was done because there was an agreement that Zuma would be paid a bribe, facilitated by Shaik, to protect French arms company Thomson-CSF during investigations.

But Woods conceded during cross-examination by Francois van Zyl, SC, for Shaik, that several cabinet ministers, including then-justice minister Penuell Maduna, the Public Protector and the Director of Public Prosecutions, were in favour of excluding the Heath unit from the investigation and Zuma had only been expressing the government's view.

Nevertheless, Woods said, he found Zuma's letter puzzling. The other government officials had not copied their opinions to the major contractors in the arms deal, specifically Thomson-CSF, he said.

He believed Zuma had overstepped the boundaries between the executive and the legislative powers of government by interfering with the work of Scopa, Woods said.

He told the court that Scopa had begun looking at the arms deal after it had been reviewed by the auditor-general. Scopa concluded that it must be investigated further.

After Scopa had decided this, the government initially gave no indication whether it was pleased or displeased, Woods said.

Like De Lille, Woods wrote to the president asking him to consider issuing a proclamation.

Around the same time there was a Constitutional Court ruling that said it was unconstitutional for a judge to head a unit like the Heath Special Investigating Unit.

The Constitutional Court also recommended that the Heath unit be phased out over a year.

Woods said Scopa was satisfied that the judgment at this stage did not bar it from asking the Heath unit to investigate.

In January 2001, Woods received a letter signed by Zuma in his capacity as head of government business and saying there was no need for the Heath unit to investigate.

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

"I also found it very strange. It was a letter I had to take very seriously. I found it strange that it was written by Zuma, because the government took the decision about the arms deal before 1999. Those who took the decision were all still in cabinet. Zuma had not been involved in the arms deal. It was strange that he had suddenly developed this interest in it."

Woods said it was highly possible that the Zuma letter could have been written on behalf of the cabinet, but there was reason to question if this was so.

With acknowledgements to Estelle Ellis and the Cape Times.