ANC deputy president Jacob Zuma yesterday lodged an application for leave to appeal against the Durban high court's decision to request documents from Mauritius that may relate to arms deal corruption.

The documents the State seeks from Mauritius include the 2000 diary of Alain Thetard, the former CEO of Thales International's SA subsidiary, Thint, which reportedly details a meeting in March 2000 between him, Zuma and convicted fraudster Schabir Shaik.

The National Prosecuting Authority alleges that an agreement on a R500 000-a-year bribe for Zuma was reached at this meeting.

Judge Phillip Levensohn ruled in favour of the State, granting the letter of request on April 2.

In his application yesterday, Zuma claims that Levensohn "erred" when he rejected Zuma and Thint's assertion that legal proceedings against them were still pending and the NPA was still bound by a March 2006 order, issued by Judge Pete Combrinck, that any letter of request would have to be granted by a trial judge.

In his decision, Levensohn said the application was automatically withdrawn when Judge Herbert Msimang struck the corruption case against Zuma and Thint off the roll.

Zuma's legal team also claimed that Levensohn had erred in not obtaining evidence from the NPA on what "role the documents would play in the investigation directed at a decision to prosecute or not".

During hearings last month, prosecutor Billy Downer said the documents were needed for an investigation but that no decision had been made on prosecution.

In handing down his decision, Levensohn rejected Thint and Zuma's claim that the State was not seeking the information for use in an investigation. Should Levensohn reject the appeal, Zuma can petition the supreme court of appeal in Bloemfontein. NPA spokesperson Panyaza Lesufi said they would "vigorously oppose" any appeal.

With acknowledgements to Sapa and Pretoria News.