Bloemfontein: The court that tried Schabir Shaik failed to consider fully whether payments made by his companies to Jacob Zuma were specifically in regard to his positions as a public office-bearer, Shaik's defence team argues.

The arguments, in papers filed with the Supreme Court of Appeal, relate to the Durban High Court's finding that Shaik had a "generally corrupt relationship" with Zuma.

Shaik was sentenced last year to 15 years in jail on each of two counts of corruption and to three years for fraud. The sentences were to run concurrently.

Justice Hilary Squires granted Shaik leave to appeal, on limited grounds, against one of the corruption convictions and one of fraud.

He refused him leave to appeal his conviction relating to his relationship with Zuma and more than R1.2 million given to the politician.

When Shaik approached the appeal court, it ruled that leave to appeal on count one must first be argued. If it decides to grant him this leave, Shaik may argue the merits of the appeal.

According to Shaik, the trial court erred in concluding he had helped Zuma financially with the intention of influencing him in relation to his powers and duties, first as an MEC in KwaZulu-Natal and later as deputy president of the country.

The court had not given enough attention to Zuma's position as deputy president of the ANC, Shaik argues.

"In drawing the inference the (high) court did not consider myriad facts which militate against the inference drawn."

Shaik submits that the high court erred in convicting him and four of his companies on the main count of fraud on the grounds of the evidence of a single witness.

On the second corruption charge, the high court allowed Shaik to ask the appeal court whether it had been correct in admitting an encrypted fax as evidence.

The fax detailed a meeting at which Shaik allegedly negotiated payment by arms company Thomson-CSF to Zuma in return for his protection in a probe into the arms deal.

It is expected the appeal will be heard in August or September.

With acknowledgement to Sapa and Cape Times.