ANC leader Jacob Zuma launched a bid on Monday to scrap a long-running graft case, as earlier vows of mass support failed to materialise outside the court.

Pietermaritzburg went on with business as usual as Zuma's lawyer, Kemp J Kemp, asked the high court to consider declaring the decision to prosecute Zuma on a range of charges unlawful.

A few hundred supporters, including top leaders from the African National Congress, SA Communist Party and Congress of SA Trade Unions, turned up to show solidarity.

This is a far cry from the 10 000 that was punted by the Umkhonto we Sizwe Military Veterans' Association's (MKMVA).

The police were out in full force, expecting "large crowds" but even a night vigil for Zuma did not attract masses of people.

The ANC repeated claims that Zuma was being persecuted but the National Prosecuting Authority (NPA) fired back, challenging the party to back up the accusation with evidence.

Zuma, wearing a dark blue suit and chequered tie, slipped unnoticed into the Pietermaritzburg High Court, avoiding photographers, television crews and his supporters who had set up a stage for him to address the crowds.

The ANC came out against Zuma's detractors.

"Mr Zuma has been found guilty in the court of public opinion because the NPA has consistently sent messages... that are incorrect," ANC spokeswoman Jessie Duarte told reporters outside the court.

Asked who within the NPA was persecuting Zuma, she replied: "We don't know. We only know that it is the NPA that is persecuting Zuma."

The MKMVA's Ayanda Dlodlo agreed. She told his supporters: "We strongly believe the case against him is political."

But NPA spokesman Tlali Tlali told reporters: "There's a rule of law which says 'he who alleges must prove'... We have yet to see a shred of evidence to that effect."

Inside the court room, Judge Chris Nicholson heard argument by Kemp that the state did not have a right to prosecute Zuma because it did not offer him the opportunity to make representations.

His arguments revolved around the interpretation of section 179(5)(d) of the Constitution.

Zuma is claiming that the National Director of Public Prosecutions (NDPP) was obliged in terms of that section to give him the opportunity to make representations before it decided to prosecute him in 2005 and 2007.

A soft-spoken Kemp told the court that if the section did not apply to the NDPP, it would allow the state to change decisions constantly without representations being made.

But the state has asked why Zuma was only questioning this now, since the decision to prosecute him had already been made in August 2005.

Zuma is claiming that the decision to prosecute him was a reversal of a decision taken by the former NDPP, Bulelani Ngcuka. He announced in August 2003 that the National Prosecuting Authority would not prosecute Zuma, because it did not believe that it had a "winnable case".

But after Zuma's financial advisor, Schabir Shaik, was found guilty of corruption in 2005, the state decided to charge Zuma after all.

Zuma faces a charge of racketeering, four charges of corruption, a charge of money laundering and 12 charges of fraud.

The two South African subsidiaries of French arms manufacturer Thales International (formerly Thomson-CFS) -- Thint Holdings (Southern Africa) Pty Ltd and Thint (Pty) Ltd -- are co-accused and each face a charge of racketeering and two counts of corruption.

The charges related to a government arms deal where Zuma allegedly used his influence to get lucrative arms contracts for Shaik's Nkobi Holdings, in return for payments totalling more than R4 million *1.

Nkobi Holdings and Thomson-CSF Holdings owned African Defence Systems, which won arms deal contracts.

Zuma further allegedly agreed to protect Thint Holdings (formerly known as Thomson-CSF Holdings) from an investigation into alleged corruption in the arms deal, in return for a R500 000 a year bribe *2.

So far, Zuma has been mostly unsuccessful in attempts to block the state's case.

Last week, a Constitutional Court challenge by Zuma failed. He contested the lawfulness of search and seizure operations by the state.

On Monday Nicholson said Thint could be released from the current action and postponed their criminal case to December 8, according to state prosecutor Billy Downer.

With acknowledgements to Thomas Hartleb, Giordano Stolley, Fienie Grobler and Sapa.