Handing down Justice Mahomed Navsa's judgment on behalf of a unanimous court, Supreme Court of Appeal Justice Eric Leach said the High Court's judgment - that the decision to drop corruption charges against Zuma was irrational - "cannot be faulted". He also conceded that a decision to withdraw charges that was based exclusively on the timing of the indictment was irrational.
Zuma wanted the opportunity to make fresh representations before the NPA made a decision to recharge him.
The court on Friday didn't immediately release its detailed judgment or indicate its response to a request by the opposition Democratic Alliance for it to order that the case should proceed immediately. Justice Azhar Cachalia quizzed Kemp.
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".
Advocate Hilton Epstein, SC, for the NPA, faced tough questions at the time from the visibly unimpressed judges, who pressed him on who had decided on whether Zuma should be prosecuted or not.
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