Publication	The Witness
Date	2006-12-13
Reporter	Nivashni Nair
Web Link	www.witness.co.za

Despite highlighting its urgency to re-charge axed deputy president Jacob Zuma for corruption, the National Prosecuting Authority may only argue why certain documents held in Mauritius are pertinent to their case in March.

The NPA yesterday asked Durban High Court Judge Phillip Levinsohn in chambers to issue a letter of request to the Mauritian attorney-general in terms of the International Co-operation in Criminal Matters Act to provide documents that were seized in Thint’s Mauritian office.

After Thint’s attorney Ajay Sooklal, and Zuma’s advocate, Kemp J Kemp, indicated that they oppose the NPA’s application, Levinsohn ruled that they should file opposing papers by February 9 and that the NPA should respond by March 2.

He set down the arguments for March 22 and 23 at the Pietermaritzburg High Court.

The NPA believes that the documents could assist in their investigation against Zuma as one of the documents under lock and key in Mauritius is the diary of Alain Thetard, the former Thint SA operations boss and the alleged author of the encrypted fax that documented the bribe agreement.

In the affidavit supporting its application for release of the documents, the NPA states that the diary has an entry that shows a meeting took place between Zuma, convicted Durban businessman Schabir Shaik and Thetard in Durban on March 11, 2000.

During Shaik’s trial, the prosecution relied heavily on the diary.

Corruption charges against Zuma and Thint were withdrawn in August as a result of the NPA’s request for postponement. The reasons for wanting a postponement were Shaik’s appeal last month (which he lost), a court battle over the legitimacy of search and seizure operations at Zuma, his attorney Michael Hulley and Shaik’s premises in August last year as well as the outstanding documents held in Mauritius.