South Africa's Supreme Court of Appeal will rule on Friday on whether prosecutors should reinstate bribery and corruption charges against President Jacob Zuma after a lower court found that the decision to drop the case was "irrational".
The judgment was handed down in Bloemfontein on Friday morning.
Zuma's lawyers conceded in a September 14 hearing that the National Prosecuting Authority's reasoning in dropping the case in 2009 was wrong but argued that the president should be allowed to make representations before a new decision to proceed with 783 charges relating to an arms deal is taken.
Judge Eric Leach says that the NPA and President Zuma were correct to concede that the decision to withdraw criminal charges was not supported by law.
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Leach had scathing words for Mpshe's decision, rubbishing his claims that former head of the Scorpions, Leonard McCarthy, manipulated the timing of Zuma's indictment.
Justice Leach, who only took eight minutes to hand down his ruling, said that manner in which the case was conducted on behalf of the NPA was inexcusable.
It was also not immediately clear if Zuma would approach the Constitutional Court to try to set aside the Supreme Court's ruling. Zuma could still fight any decision to charge him in the Constitutional Court.
At the hearing, Kemp said "what then must happen is that the representations would have to be considered by the NPA, because they have never been".
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Since then, the DA has challenged the matter in court.
Zuma's prosecution was discontinued by Mpshe based on the infamous "spy tapes".
Zuma and the National Prosecuting Authority had asked the court to overturn a Pretoria High Court judgment that the charges could be reinstated.
They revealed that McCarthy had consulted extensively with Ngcuka, a passionate Mbeki supporter, about when to indict Zuma - with a view, said Zuma, to bettering Mbeki's chances of winning the ANC elective conference in Polokwane.
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