TWO weeks ago, the State emerged from the Durban High Court clutching a judgment that would help it get vital documents from Mauritius, necessary in its investigation against ANC deputy president Jacob Zuma.

However, yesterday, Zuma lodged his appeal against that decision.

The application for a letter of request to the Mauritian government holds the key to unlocking the 13 original documents safe-guarded in the capital of Port Louis.

These crucial documents contain the 2000 diary of former CEO of the French arms manufacturer Thales International, Alain Thethard.

Of particular interest to the State is Thethard's 2000 diary which is alleged to contain a meeting between himself, Zuma and Shaik on March 11, 2000. It was at this meeting that the alleged bribe of R500 000 to Zuma by Thethard was discussed to secure a tender in the billion rand arms deal.

The order granted by Judge Phil Levinsohn had brought the State one step closer to finalising its investigation.

But in papers filed in the Durban High Court yesterday afternoon Zuma's lawyers said the court erred in holding that there was no evidence to substantiate what role these documents would play in the investigation.

Zuma's attorney Michael Hulley said the court erred in not holding that the request was improper and academic in that no decision had been taken and no probabilities had been shown indicating a prosecution and a trial.

Hulley also argued the technicalities of the law saying the court erred in law and granted the application when it should have refused it.

Since 2001 the documents have been sitting in a vault at the offices of the Independent Commission against Corruption. Copies of the documents were used by agreement in the Schabir Shaik fraud and corruption trial. The State needs a letter of request from a South African court to take to the Mauritian government for assistance.

Hulley said he wanted to argue the leave to appeal before the Supreme Court of Appeals in Bloemfontein but Levinsohn would have to grant the application first.

No date has been set for the appeal.

With acknowledgements to Monica Laganparsad and Daily News.