The head of the National Prosecuting Authority (NPA), Mokotedi Mpshe, has missed his deadline to file court papers in response to the Democratic Alliance’s (DA’s) court bid to set aside the decision not to prosecute President Jacob Zuma .

The DA’s federal executive chairman, James Selfe, said the State Attorney’s office in Pretoria had yesterday asked for another date to be fixed upon, which it would communicate to the DA today.

This will be Mpshe’s second extension. The original court schedule required Mpshe to file his papers “over a month ago”, said Selfe.

NPA spokesman Mthunzi Mhaga said Mpshe had not filed papers as “there were outstanding matters that needed to be resolved *1”.

Depending on the date asked for today, the DA would decide whether to bring a court application to compel a response, Selfe said.

The DA wants the North Gauteng High Court in Pretoria to set aside Mpshe’s decision, saying it was unconstitutional and unreasonable.

Mpshe’s justification for the decision was that when the abuse of a legal process was “so gravely wrong” it would be “unconscionable” to proceed to trial.

He was referring to the disclosure that former NPA head Bulelani Ngcuka and former Scorpions boss Leonard McCarthy had colluded on the timing of the indictment of Zuma to influence the African National Congress conference in Polokwane.

The DA believes there were “ compelling considerations” of public policy warranting a prosecution, which outweighed the reasons given for a stay.

rabkinf@bdfm.co.za

With acknowledgements to Franny Rabkin and Business Day.