Johannesburg: Jacob Zuma's lawyers have admitted he did not prove as "a matter of fact" that the corruption prosecution against him was driven by ex-president Thabo Mbeki.

But they maintain that Judge Chris Nicholson did nothing wrong in finding that there was "merit" to Zuma's conspiracy suspicions - a move that Mbeki has blamed for his political downfall.

In papers filed at the Supreme Court of Appeal in Bloemfontein yesterday, Zuma's lawyers declined to tackle the National Prosecuting Authority's assertions of where and how the judge was mistaken in his "political meddling" inferences against the state and Mbeki.

"There is no need to debate the individual findings made by (Nicholson) which (Acting National Director of Public Prosecutions Mokotedi Mpshe) impugns - we have pointed out that many of these are indeed defendable.

"(Zuma's) case did not, and does not, depend on whether these findings are correct as positive findings of the individual facts," they said.

Zuma's lawyers have, however, indicated they will debate Nicholson's "political meddling" inferences if the five Appeal Court judges hearing the NPA's appeal on Friday ask them to do so.

Claiming all Nicholson did was to find Zuma's conspiracy claims could not be dismissed, they however argue that there was no need for this.

Zuma's lawyers have concentrated their response to the state's appeal on the NPA's failure to seek his representations before deciding to recharge him.

It was this failure, Nicholson found, that invalidated Zuma's prosecution.

In response to the NPA's attempt to quash Nicholson's findings against itself and Mbeki, Zuma's lawyers insist Nicholson was forced to make the inferences because of the state's demands that Zuma be punished for his conspiracy claims.

Zuma's lawyers have also taken another swing at Mpshe, who has recently come under fire over his reported comment that Nicholson's ruling was "wrong".

They slammed the NPA boss for his response to an October 11, 2007 letter from Zuma's lawyers, in which they asked for the chance to make representations about the state's case.

Zuma's lawyers contend that Mpshe's "misleading" answer, given "with the Polokwane elections due shortly", was designed to stop Zuma from seeking an interdicting preventing the NPA from recharging him.

With acknowledgements to Karyn Maughan and Cape Times.