Former justice minister Penuell Maduna had been party to promises that all charges would be permanently withdrawn against the two Thint arms companies *1 *3 implicated in corruption, it is claimed in papers before the Pietermaritzburg High Court.

The French companies are accused of bribing ANC president Jacob Zuma - via his former financial adviser and convicted fraudster Schabir Shaik - in return for protection during an arms deal inquiry.

The court papers also said that Maduna, after leaving public office and becoming a private attorney, had agreed to act for the two French companies and make representations to the National Director of Public Prosecutions (NDPP) when they were about to be recharged.

The two companies contend that their rights to a fair trial have been infringed because the State is breaching the agreement reached in April 2004 that charges would be dropped and never be reinstated.

In his affidavit, Pierre Moynot, CEO of both companies, says that after being indicted along with Shaik, the companies had become concerned about their reputations being tarnished.

A meeting had been held at Maduna's home, according to the affidavit. Present were Thint lawyers and then NDPP Bulelani Ngcuka.

Maduna had indicated that the focus of the prosecution was on Shaik.

"He indicated he was prepared to recommend to Ngcuka to withdraw the charges."

In return, the former regional executive of Thint, Alain Thetard, would provide an affidavit stating that he was the author of the "encrypted fax" which allegedly links Jacob Zuma to corruption over the arms deal.

Moynot said Thetard had provided the affidavit, and the charges had subsequently been withdrawn.

However, the group was still satisfied that the "entire matter had come to an end" and the State had not complained at the time that this breached the agreement.

In an affidavit filed in court yesterday, Thetard, the author of the encrypted fax, says he will never testify in the ANC president's trial, stating that he was incapable of trusting Zuma's prosecutors *2.

And Thetard has hinted that he could have been a valuable defence witness for Shaik had he not been deterred by the State's plans to arrest him.

Thint has applied for the prosecution against it to be permanently stayed. - Additional reporting by Karyn Maughan.