Johannesburg: Former deputy president Jacob Zuma is bringing out the big guns and also making it clear that he will not be intimidated by the National Prosecuting Authority.

Zuma has resolved to take his full legal team to the Durban Magistrate's Court this morning to fight an intended adjournment of his trial.

His team will include his attorney Michael Hulley, Kessie Naidu SC and other senior counsel.

In addition, the big guns on his team plan to launch a barrage, based on Section 342A of the Criminal Procedure Act, in the direction of regional magistrate Bilkish Asmal.

Section 342A deals with "unreasonable delays in trials" and one of its clauses states that the court needs to consider "the effect of the delay on the personal circumstances of the accused and witnesses" and "actual or potential prejudice caused to (the state or) defence by the delay, including a weakening of the quality of evidence, the possible death or disappearance or non-availability of witnesses (and) problems regarding the gathering of evidence".

"Think about it. A great deal of the Zuma case has to do with alleged payments to black economic empowerment initiatives. "Now perhaps someone like the late Brett Kebble might have been called eventually to validate or disavow defence claims on such matters.

"Yet Kebble is not going to be able to give evidence is he?"one legal source, who did not want to be named, said in Durban yesterday.

The defence will vehemently oppose the Scorpions' request for an adjournment for further investigation - so as to shut down moves for the formulation of additional charges against Zuma.

Zuma's team has indicated that if the NPA was ready to charge Zuma, which it did on June 29, then it stood to reason that there must be a case that is ready to present.

Hulley has written to Scorpions prosecutor Anton Steynberg SC that both Zuma and the administration of justice would be prejudiced by further delays.

The NPA has already made it clear that its investigations are not concluded and no undertaking has been given that it would be ready for trial by today.

In an earlier move, on Thursday Zuma's legal team applied to have the Durban High Court order the return of documents taken in August from Zuma's homes and the office of Hulley.

Yesterday the Scorpions stated their intention of opposing this application.

If the court orders the return of Zuma's documents, the prosecution will have to be restricted to the same counts on which Schabir Shaik, Zuma's financial adviser, was convicted.

Shaik was sentenced to 15 years on two counts of corruption flowing from a series of payments of R1.2 million made to Zuma while he held various local and national government posts.

Last night people started to gather for the night vigil organised by the SA Communist Party, ANC, the Congress of SA Trade Unions and the SA National Civics Organisation had not yet begun.

Last week the alliance secretariat in KwaZulu-Natal had expected a minimum of 1 000 people to attend.

Security around the Durban Magistrate's Court will be tight this morning.

With acknowledgements to Jeremy Gordin, Nalisha Kalideen and the Cape Times.