Pretoria : Jacob Zuma has received the firmest indication yet that the state is to charge him for fraud and corruption.

Yesterday, the National Director of Public Prosecutions (NDPP) applied for and got a court order to extend its inquiries to British banks and lawyers in its investigation against Zuma and French arms company Thint.

Justice Ben du Plessis ruled that the competent authority of the UK be requested to provide the legal assistance sought by the NDPP in its investigation.

The court order stated: "There are reasonable grounds for believing that offences have been committed in the Republic of South Africa or that it is necessary to determine whether offences have been committed and that an investigation in respect thereof is being conducted." The judge said it was in the interest of justice that the information be obtained in the UK.

Leonard McCarthy, head of special operations of the NDPP, stated in the letter of request that it was clear from the facts emanating from the Schabir Shaik trial that there was, at the very least, prima facie evidence that Zuma and the Thint companies were guilty of corruption and money laundering.

"Further the offence of racketeering is still under investigation and there is a possibility that this might be added to the (provisional) indictment, should the prosecution be re-instituted," McCarthy said.

Following Shaik's conviction and subsequent 15-year jail sentence, Zuma was indicted on charges of corruption. A provisional indictment and summary of the facts was served on him on June 29, 2005 when he appeared in court.

The state aimed to amend these documents before the trial started to encompass the results of a new investigation following the Shaik trial.

McCarthy said the new investigation was still continuing. The state was not ready to commence with prosecution in September last year and asked for an adjournment, which was refused and the matter was struck from the roll.

McCarthy said there was no legal bar to the reinstitution of the proceedings against Zuma or Thint, although they contended they were entitled to a permanent stay of prosecution. He said it was necessary that the current extended investigation be continued.

"There is a reasonable prospect that charges will in future be reinstituted against one or more of the erstwhile accused and/or others. However, the NDPP has not yet decided whether to do so and on what charges.

"The indictment may differ in certain respects from the provisional indictment."

In order to build up a watertight case against Zuma and Thint, the NDPP needs the assistance of the manager of Barclays Bank London, where the account of solicitors Berwin Leighton Paisner is held.

They will also approach the latter regarding details of a payment made in August 2001 from their bank account to an entity in South Africa, named Cay Nominees Ltd. They will also seek information from further entities which might be identified in the course of their investigation.

McCarthy said the NDPP needed assistance in obtaining a forensic analysis of all Zuma's sources of funding. It was necessary to determine what Shaik, his Nkobi groups of companies and Thint paid Zuma to secure his influence for their business and for securing his protection against the arms deal investigation, he added.

He said inasmuch as Shaik claimed the payments were legitimate loans, it was anticipated that Zuma would raise a similar defence (if indicted again).

McCarthy added: "It is therefore necessary to determine all of Zuma's legitimate sources of income, in order to strengthen our contention that he was not in a position to repay loans of this magnitude."

With acknowledgements to Zelda Venter and Cape Times.