Zuma and the NPA have approached the SCA seeking leave to appeal the 2016 decision by the North Gauteng High Court in Pretoria.
South Africa's Supreme Court of Appeal on Friday upheld a High Court ruling to reinstate hundreds of corruption charges filed against Jacob Zuma before he became president.
This means the NPA should immediately reinstate charges of fraud and corruption against Zuma. That decision allowed Zuma to run for president in 2009.
Justice Leach, who only took eight minutes to hand down his ruling, said that the manner in which the case was conducted on behalf of the NPA was inexcusable.
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The opposition Democratic Alliance party had sought in 12 court appearances since 2009 to reactivate the charges over controversial post-apartheid military contracts which have dogged Zuma for much of his time in government. Zuma could still fight any decision to charge him in the constitutional court.
Advocate Kemp J Kemp, counsel for Zuma, made the same concession. Justice Azhar Cachalia quizzed Kemp.
He said the picture that emerged was one in which Deputy National Director of Public Prosecutions Willie Hofmeyr and Mpshe were "straining to find justification" for discontinuing the prosecution.
He added that, even if the court said Mpshe's decision had been irrational on further, substantive grounds, "then someone has to make a rational decision on our representations".
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