ANC deputy president Jacob Zuma yesterday filed papers in the Durban high court opposing the National Prosecuting Authority's request to have documents released from Mauritius for use as evidence in his forthcoming trial.
The documents pertain to an alleged meeting between Zuma, businessman Schabir Shaik and Alain Thetard of French arms company Thint.
In the affidavit Zuma contends that the court could not issue a letter of request to the Mauritian attorney-general in terms of the International Cooperation in Criminal Matters Act.
In March the NPA attempted to obtain a similar letter of request, but Judge Pete Combrinck ruled that any letter of 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. This after the state had sought a postponement pending the outcome of Shaik's appeal against his fraud and corruption conviction, and a challenge to the search and seizure raids carried out on Zuma, his attorneys and Thint.
The outstanding Mauritian documents were then also presented to the court as a reason for the postponement of the case.
In his affidavit filed yesterday, Zuma said: "As far as I am aware, the state has never withdrawn its application that was adjourned by Combrinck to a date to be arranged between the parties. The state placed on record that it did not withdraw the charges."
Zuma argued that because the state had refused to withdraw the charges, it meant there was in effect still a criminal case against him and that Combrinck's order still stood.
The documents, held in Mauritius, include the 2000 diary of Thetard. An entry for March 11 2000 is a particularly important piece of evidence for the state about an alleged meeting between Zuma, Shaik and Thetard in Mauritius. - Sapa