In AN UNUSUAL and unexpected reversal, the National Prosecuting Authority has thrown in the towel over its appeal against the finding made in the "search warrant case" of Julie Mohamed, a former attorney of Jacob Zuma.

The state attorney has written to Mohamed's attorney saying he has been instructed by the national director of public prosecutions "to concede the appeal with costs", provided the parties involved agree to certain conditions.

Although no one is saying anything, it is believed the Zuma camp will consider the NPA concession a small, if not large, victory in its tussle with the prosecution authorities.

The appeal, scheduled to be heard in the Supreme Court of Appeal in Bloemfontein on Monday, August 27, was one of three related to search and seizure raids conducted by the Scorpions at the end of 2005, before the NPA's case against Zuma was struck off the roll.

In fact, one of the reasons Judge Herbert Msimang gave for striking Zuma's corruption case off the roll in the Pietermaritzburg High Court was that the NPA was obviously not ready to prosecute the case. One reason for this was that the 2005 search raids were the subject of the appeals process and the documents seized during them could therefore not be used by the NPA.

The raids were related to the investigation of Zuma's affairs by the Scorpions.

The first was conducted on the premises of Mohamed, the second on Zuma's premises and those of Michael Hulley, his present attorney, the third at Thint, the French arms manufacturer, and on the private home of its chief executive, Pierre Moynot.

Following the raids, Mohammed, Zuma and Hulley, and Thint each took the NPA to their respective high courts - Mohamed in Johannesburg, Zuma and Hulley in Durban, and Thint in Pretoria.

Mohamed and Zuma and Hulley were successful, so the NPA took them on appeal.

Thint was unsuccessful, so it took the NPA on appeal.

It appears the NPA will fight the Zuma and Hulley and Thint appeals.

The NPA said it would drop the Mohamed matter, provided she agreed to a "preservation" order, in terms of which all the things seized relating to Zuma be left in the safekeeping of the Witwatersrand court registrar until it had been decided whether Zuma would be re-charged.

It is not known whether Mohamed will comply with this condition.

Meanwhile, on Thursday in the Pretoria High Court, Zuma will apply for the setting aside of the application granted to the Scorpions, allowing them to seek international assistance so they can examine documents at the London solicitors of Jurgen Kögl, a businessman suspected by the Scorpions of laundering the bribe allegedly paid to Zuma by Thint.

In an unusual move, Zuma's children have issued a statement regarding the burglary at their father's rented flat in Durban.

"The family wishes to express its disgust and concern . . . it wishes to place on record its realisation that the threats against Mr Zuma seem to be no longer mere threats, but sinister intentions with dire consequences.

"The family notes that the public persecution of our father is a concentrated and deliberate effort to remove him, not only from political life but also, more importantly, from the present and future enjoyment of life in a free and democratic South Africa, for which he and many others have sacrificed enormously . . ."

With acknowledgements to Jeremy Gordin and Sunday Tribune.