Zuma and the NPA have approached the SCA seeking leave to appeal the 2016 decision by the North Gauteng High Court in Pretoria.
The Supreme Court of Appeal found that the motivation behind the timing of serving the indictment would not affect prosecution.
The Supreme Court of Appeal on Friday dismissed a bid by President Jacob Zuma to appeal a previous ruling that he could face 783 corruption-related charges.
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After closing Andre, he said that he planned to research produce for a restaurant he runs in Taiwan and work on design projects. A handful of French restaurateurs have in the past walked away from the ultra-competitive world of Michelin-starred cooking.
Kemp said that if the SCA finds that Mpshe did not make a rational decision, then someone would have to make a rational decision on that basis.
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.
President Zuma and the NPA have also been ordered to pay the costs of the failed application. But not before the NPA's legal counsel conceded that Mphse had "used the wrong power" to withdraw charges against Zuma.
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On 14 September, the SCA reserved judgment after Zuma's lawyers admitted that the quashing of hundreds of criminal charges against him was "irrational".
"That is then correct, yes", Kemp replied at the time.
The long-standing matter was brought by the DA.
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Kenya's disputed 2007 election result led to civil unrest which killed 1,200 and displaced hundreds of thousands of people. Violence flared across the country during the first election, with 24 people killed in political riots.
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.