Legal teams for both embattled former deputy president Jacob Zuma and that of the National Prosecuting Authority are anxiously awaiting a judgment that may determine whether Zuma is recharged with corruption.

Zuma and French arms company Thint were in court on Friday opposing attempts by the NPA to obtain documents from Mauritius relating to Zuma's corruption case.

These documents pertain to meetings between Zuma, his former financial advisor, convicted businessman Schabir Shaik, and former CEO of the French arms manufacturer Thales International, Alain Thethard. The NPA is particularly interested in the 2000 diary of Thethard, which is alleged to document a meeting between himself, Zuma and Shaik on March 11, 2000. An alleged bribe of R500 000 to Zuma by Thethard to secure a tender in the controversial arms deal was allegedly discussed at this meeting.

The NPA spent the whole of Thursday arguing their case before KZN Deputy Judge President Philip Levinsohn.

They are trying to persuade him to sign a letter requesting Mauritian authorities to release 13 documents, which include Thethard's diary and a copy of the notorious "encrypted fax" at the centre of Shaik's trial, to the NPA.

State prosecutor Billy Downer told Levinsohn the NPA had followed all correct diplomatic and legal channels to secure the documents, of which they already have copies. He said attempting to obtain the originals of these documents was a mundane feature of obtaining evidence in a case prior to a trial.

"We need these documents to assist us in determining whether in fact this case will go to trial. These documents form part of the ongoing investigation and are relevant to possible charges of corruption that may be brought," Downer said.

Defence counsel for both Zuma and Thint are contending that the Mauritian Supreme Court, in 2001, did not authorise copies of the seized documents to be given to the NPA. They contend that when Downer removed copies of the documents, he was aware of that and his conduct was therefore unlawful.

Downer disputed this, saying the legality of the actual raids had never been contested and the injunction obtained by Thales International to hold and seal the documents in Mauritius, effectively sought to ensure sensitive company information was not released.

The State's initial attempt a year ago for a letter of request failed. The court ruled it did not have the jurisdiction to issue a letter, as only the trial judge could do this.

Fraud and corruption charges against Zuma, Thint Limited and Thint (Pty) were withdrawn in July after trial Judge Herbert Msimang dismissed the State's application for an adjournment, the case being struck off the roll.

The State therefore has to conclude its investigation on Zuma before he can be recharged. Levinsohn said he "had a lot to think about" and would deliver his judgment in due course.

This article was originally published on page 2 of Daily News on March 26, 2007

With acknowledgement to Sherlissa Peters and Independent Online.