Axed former Deputy President Jacob Zuma has lost the race in his bid to prevent the National Prosecuting Authority obtaining evidence they could use against him in a corruption trial. Panyaza Lesufi, a spokesman for the National Prosecuting Authority, yesterday told The Citizen all the necessary documents needed for the NPA to obtain the disputed documents – allegedly proving arms deal corruption – from the Mauritius High Court had already been completed.

Last week Deputy Judge President of KwaZulu Natal, Philip Levinsohn, consented to sign a letter asking that the Mauritius High Court give the NPA evidence in their possession relevant to the arms deal.

The evidence consists of documents seized in raids by the Mauritian Police after the NPA made a request to the Mauritians for legal assistance in 2001. The documents allegedly record meetings in which aR500 000-a-year bribe to Zuma was discussed. But Zuma has as yet not filed his application requesting permission to appeal against the decision by Levinsohn – who in his judgment did not specify whether or not he would allow Zuma to appeal. Michael Hulley, Zuma’s lawyer, yesterday told The Citizen he would be meeting his client, and if the application for leave to appeal was not completed by yesterday it would be handed in to court by today at the latest.

Copies of the Mauritian documents were used in the prosecution of Schabir Shaik – after his legal team consented to the use of copies by the prosecution. However the legal teams of Zuma and his co-accused, French arms company Thint, have both indicated they will not accept copies, and have demanded the NPA produce the originals in court to prove their case.

At the same time they both opposed the NPA application to the Pietermaritzburg High Court asking for the court’s assistance in obtaining the original documents from Mauritius. The original documents have been held by the Mauritian authorities since 2001. Thint have strongly opposed the obtaining of the original documents, and made a successful legal bid in Mauritius to have that country’s courts retain the evidence and not hand it over. As a result of this the NPA will have to launch formal proceedings in Mauritius to obtain the evidence – and need Levinsohn’s letter supporting their application.

Hulley said he did not believe the application to allow an appeal had been left too late. He told The Citizen he thought it would still take the NPA some time to prepare an application for the documents. But yesterday Lesufi confirmed that the NPA had already completed their request – clearly indicating Zuma and his co-accused Thint have been left in their starting blocks. Andre Thomashausen, head of the Department of International and Comparative Law at the University of South Africa, said while the NPA had moved very fast Zuma still had time to appeal.

The courts normally give at least 15 court days for litigants to appeal – and in most cases will accept a late application.

With acknowledgements to Paul Kirk and The Citizen.