The prosecution will for the third time begin its quest to recharge African National Congress (ANC) president Jacob Zuma when it goes to the Durban High Court tomorrow to apply for leave to appeal against last month's ruling by Judge Chris Nicholson, which set aside the prosecution's decision to prosecute Zuma.

One of the main issues under discussion will be the state's request to strike out certain sections of Zuma's founding affidavit referring to political interference .

Zuma's attorney, Michael Hulley, said although the striking out application was dealt with in "a very cursory manner" in oral argument, the parties agreed the court should deal with the matter.

Based on allegations made by Zuma in his papers, Nicholson suggested that former president Thabo Mbeki and other members of the executive had meddled in the work of the National Prosecuting Authority (NPA).

Zuma was first charged with two counts of corruption in 2005, shortly after the conviction of his former financial adviser, Schabir Shaik, for fraud and corruption. The case was struck off the roll in September 2006 by Judge Herbert Msimang, who refused a postponement. Zuma was again charged in December , which also failed.

Zuma faced 16 charges, including a count of racketeering, two of corruption, a count of money laundering and 12 counts of fraud.

In its papers, the NPA said the decision by acting National Director of Public Prosecutions Mokotedi Mpshe was a fresh decision taken after the prosecution started by suspended NPA head Vusi Pikoli was terminated by Msimang .

The NPA said some of the court's findings were not raised for decision by the parties, that these issues were not material to the resolution of the case, and the court was not acting in pursuance of its duty to resolve the dispute.

With acknowledgements to Ernest Mabuza and Business Day.