Durban: Jacob Zuma has filed papers in the high court here opposing the National Prosecuting Authority's request for documents from Mauritius to be released for use as evidence against the ANC deputy president.

The documents relate to a meeting alleged to have taken place between Zuma, businessman Schabir Shaik, and Alain Thetard, of the French arms company Thint.

In the affidavit filed with the court, Zuma says the court cannot issue a letter of request to the Mauritian attorney-general under the International Co-operation in Criminal Matters Act.

The NPA tried to obtain a similar letter in March, but Judge Pete Combrinck ruled that such a request would have to be granted by a trial judge.

In September, Judge Herbert Msimang struck the case against Zuma and Thint from the roll when the State sought a postponement pending the outcomes of Shaik's appeal against his fraud and corruption conviction and a challenge to the search and seizure raids of Zuma's home and his attorneys and Thint's offices.

The need to acquire the Mauritian documents was also cited in court as a reason for seeking the postponement of the case.

In the affidavit filed yesterday, Zuma says: "As far as I am aware, the State has never withdrawn its application, which was adjourned by (Judge) Combrinck to a date to be arranged between the parties by the (trial) court.

"The State placed on record that it did not withdraw the charges."

Zuma argued that because the State had refused to withdraw the charges, there was in effect a criminal case against him and Judge Combrinck's order stood.

Referring to the International Co-operation in Criminal Matters Act, Zuma said he was of the opinion that it only facilitated a request prior to the institution of criminal proceedings.

"The application is an attempt to secure the original document, copies of which have long been in the possession of the prosecution, in the hope that the original documents will render their contents admissible against me in evidence at trial."

Zuma said that the State "does not come to court with clean hands".

The documents, held in Mauritius, include the 2000 diary of Thetard, former Thint chief executive.

In supporting documentation submitted last year, it was disclosed that "the entry (in Thetard's diary) for March 11, 2000, is a particularly important piece of evidence for the State and the present prosecution.

"It appears from this entry that Thetard met with 'J Zuma + SS' (Schabir Shaik) in Durban on that day."

Shaik was convicted of fraud and two counts of corruption by Justice Hilary Squires in July 2005.

Earlier this year, the Supreme Court of Appeal upheld Judge Squires's judgment and Shaik was sent to prison.

On the second count of corruption Shaik was found guilty of trying to solicit a R500 000 a year bribe from Thetard for Zuma.

On Friday, Thint's chief executive, Pierre Moynot, Thetard's successor, said in papers filed with the court that any attempt to obtain documentation from Mauritius would have to be determined by a criminal court. The State's attempts to use the high court to obtain the documentation amounted to an "abuse" of the court's "processes".

With acknowledgements to Sapa and Cape Times.