If the state was expected to pay the legal costs of people like Wouter Basson and Magnus Malan, then it could not be faulted for picking up the tab for former deputy president Jacob Zuma.

That was the view of Deputy President Phumzile Mlambo-Ngcuka and ANC chief whip Mbulelo Goniwe during question time in the national assembly yesterday.

Mlambo-Ngcuka confirmed that the presidency had agreed to fund Zuma's watching brief in the recent corruption and fraud trial of his former financial adviser Schabir Shaik.

However, it has not received a request to fund Zuma's current legal costs relating to his own corruption trial, she told MPs.

The decision to pick up the tab for Zuma's watching brief was based on a recommendation by the chief state law adviser Enver Daniels.

This was because of the uniqueness of the case in that although Zuma was not charged in that matter "the majority of allegations that had to be answered in court involved him directly".

Mlambo-Ngcuka stressed there had also been no precedent that could be relied on for guidance.

She confirmed the account had been settled by the state attorney's office, but that no payment had yet been made from the presidency budget.

Mlambo-Ngcuka referred any questions about the amount to Justice Minister Brigitte Mabandla.

Department of justice spokesman Kaizer Kganyago told Independent Newspapers that officials would only be in a position to disclose the amount next week after a meeting between the directors-general in the presidency and justice.

Goniwe was unimpressed with DA MP Sheila Camerer's questioning of Zuma's legal costs, pointing out that the state had previously paid for apartheid-era cabinet minister Magnus Malan and chemical and biological warfare expert Wouter Basson.

"There is absolutely no question that they were more heinous crimes, but the state paid," Goniwe said.

Mlambo-Ngcuka agreed: "If we all think of anything that is evil, then the name Wouter Basson passes our mind and the money this country has had to pay as a result of his heinous crimes.

"I don't even know if I can count the amount of rands these people have lost, there is no comparison," she said.

ACDP MP Steve Swart said a distinction needed to be drawn between the legal aid received by indigent accused and the state paying legal costs.

Camerer tried to elicit from the deputy president whether she would support that Zuma's current costs also be paid for by the state.

However, Mlambo-Ngcuka would not take the bait, saying her answer would merely be of academic interest as Zuma had not made the request.

Cosatu has recently called for Zuma's legal costs to be covered by the state. In a statement, Camerer said she was surprised by the state law adviser's go-ahead.

"Basic principles for such cases should be adhered to, namely that the state should pay legal costs only where criminal charges are faced as a consequence of actions taken in the course of duties of office."

Surely the "generally corrupt relationship" which the court found Zuma had with Shaik, could not be legitimately considered to be conducted in the course of his duties as deputy president, Camerer said.

With acknowledgements to Angela Quintal and the Cape Times.