Durban: The former head of the Special Investigating Unit, then-judge Willem Heath, has announced that he is to be a legal adviser to former deputy president Jacob Zuma in his trial on charges of corruption.

He said this had been agreed when he met Zuma yesterday morning to discuss his impending criminal trial on charges of corruption.

Heath, SC, said he had agreed to accept a brief as legal counsel but, although he would consult Zuma's legal team, he would not be part of it.

"I will not issue statements about my progress and all issues will be confidential," he said.

Zuma is to make a brief appearance in the Durban Magistrate's Court tomorrow morning.

The corruption charges against him relate to his relationship with his financial adviser, Schabir Shaik, and allegations that he accepted money from a preferred bidder in the arms deal, Thomson-CSF, later known as Thales and now as Thint.

Shaik has been convicted of fraud and corruption and is expected to apply next month for leave to appeal against his convictions and the 15-year prison sentence imposed by Justice Hilary Squires.

It is understood that Zuma has hired leading Durban advocate Kessie Naidu to head his legal team.

Heath, who has established a consultancy on law in Cape Town, emphasised that his work for Zuma would be behind the scenes. But it will undoubtedly be valuable. Heath headed the Special Investigating Unit - aimed at rooting out government corruption and recovering stolen money - for six years.

He left this position when the Constitutional Court found that, because he was a judge, his appointment violated the separation of powers of the executive and judicial branches of state.

Heath is no stranger to the arms deal controversy or to the Shaik trial. It was his unit that Patricia de Lille and others wanted the government to appoint to probe the deal. Heath, in evidence during the Shaik trial, said there was no objective reason why this had not taken place.

Always outspoken, last week the former judge entered the furore that followed Shaik's conviction and Zuma's dismissal as deputy president, by commenting that the former director of public prosecutions, Bulelani Ngcuka, had had a political motive to destroy Zuma.

In an article in a national Sunday newspaper, Heath said Ngcuka should not have decided against prosecuting Zuma while deciding to prosecute Shaik.

He said there was a good chance that Zuma could be acquitted, but he would be "extremely hesitant" to be part of Zuma's defence team as an investigator "because I was a witness in the first case and I might be a witness in the second".

In yesterday's statement, Heath said should the prosecution wish to call him as a witness, he would give evidence, as he had in Shaik's trial.

"I reiterate my view that it was unfair and may well be prejudicial that Zuma was not prosecuted with Shaik. His prosecution may well be tainted because Shaik was tried in his absence... Judge Squires made findings against Zuma that might have been different had they been tried together.

"Numerous statements have been made, many of which reflect on Zuma in a prejudicial manner."

With acknowledgements to Tania Broughton and the Cape Times.