The state is the primary agent for delays in the Jacob Zuma-Thint corruption trial, the French arms company subsidiary's counsel, Kessie Naidu, charged on Wednesday.

Naidu was arguing in the Pietermaritzburg High Court against the state's application to have Thint and Zuma's corruption trial postponed.

He said that if the state applied for an adjournment, how could it expect the defence to give an indication of when they would be ready, when they had no final indictment.+

"This is putting the trailer before the bus," said Naidu.

The state earlier said it would have a final indictment ready by October 15.

Naidu said: "How can the state give an indictment based on matters that will be decided in the Supreme Court of Appeal (SCA)?" referring to the appeal by Zuma's financial adviser Schabir Schaik against his 15 year sentence for corruption and fraud.

The charges against Zuma and Thint emanate from the judgment delivered in Shaik's trial.

Naidu argued that the SCA would also be given a definition of corruption.

He said that the current case would be affected by the SCA's ruling on the now infamous encrypted fax.

Naidu said that the state had not even informed the court how material the changes would be to the amended indictment.

On Tuesday the state said that the main reasons for its postponement application were the court challenges to its search and seizure raids and manpower problems caused by the prosecution having to also attend to the Shaik appeal.

Zuma's counsel Kemp J Kemp and Naidu said that the 500-page KPMG forensic report contained documents subject to the legal challenges regarding the raids.

Some of those documents could be ruled as having been obtained unlawfully, they said.

State prosecutor Wim Trengove had suggested that judge Herbert Msimang rule on the admissibility of these documents.

With acknowledgement to Sapa.