This was the testimony of Tracy O'Brien in the Durban High Court yesterday.

The state alleges that the rent for Mallington (sic - Malington) Place, in Durban, was one of the payments Shaik made in furtherance of what has been alleged to be a "general corrupt relationship" between him and Zuma.

She rented the place from Paul Saad and advertised to sublet it. Shaik answered the advertisement in August 1996.

But Shaik's counsel, Francois van Zyl SC, said his client would say that Zuma had occupied another flat in the block.

O'Brien said Shaik had told her he wanted to "put one of his directors in the flat". She explained that the director she referred to was Nkobi's financial director, Colin Isaacs.

She said that at a later stage she became aware that Isaacs was no longer living there. She found out that the flat was now occupied by Zuma.

O'Brien told the court she was informed of this by the body corporate of the block, who had complained about Zuma's armed bodyguards.

"Every month the rent was late. It was eventually always paid. Some of the cheques bounced. But it was always late," O'Brien explained.

She said that after she had found out that Zuma was occupying the flat, she once phoned him in frustration about rent not being paid. She later spoke to Shaik, who said he would sort it out.

She said the rent was paid by a number of entities, but she did not really care, as she was "just grateful to get it".

After a while she terminated the sub-lease with Shaik and then decided to sell the furniture in the flat. Shaik came to have a look and told her he was going to buy the furniture for "Zuma's house in Zululand".

O'Brien said the furniture was removed to Empangeni without her knowledge and was never paid for *1.

Shaik admitted that Zuma stayed in the flat after it was vacated by Isaacs. He also said Zuma had moved there after his house was burned down and intelligence authorities believed he was in danger.

The next subject on the agenda for the trial was the evidence of South African Revenue Service (Sars) official Rob Reid.

As an alternative to a fraud charge, Shaik also faces a charge of tax evasion. But to prove this, the state would need to call a tax official and hand in Shaik's tax returns.

Sars yesterday went to court to ask for clarity on whether it can hand over the documentation and give evidence. Its uncertainty arose from a section in tax legislation that says dealings between Sars and taxpayers are confidential.

It will be the first time in South African legal history that the court will rule on this issue *2.

With ackowledgement to Estelle Ellis and The Star.

*1  One wonders whether judicial notice will be taken of this and then have Count 4.

*2 Viva.