After nearly 10 years of a legal standoff between the National Prosecuting Authority (NPA) and African National Congress (ANC) president Jacob Zuma , relations between the two parties are thawing, suggesting the legal wrangle could be resolved outside court *1 irrespective of today’s Supreme Court of Appeal ruling.

Zuma is ANC presidential candidate, and poised to be the next head of state if the ANC wins this year’s general election.

The court is expected to overturn Judge Chris Nicholson’s judgment last year that corruption and racketeering charges against Zuma were invalid.

Zuma scored a surprise victory when Nicholson ruled in his favour, painting a damning picture of executive interference, precipitating the recall of former president Thabo Mbeki.

Should Zuma lose today, corruption charges against him would be reinstated automatically, making the face of the ANC’s election campaign an accused in a criminal case again.

An NPA victory would also mean relief for Mbeki, who stood accused of executive interference in Zuma’s case.

However, one source said last night that the cabinet had “withdrawn” its backing for Mbeki’s legal challenge to Nicholson.

Presidential spokesman Thabo Masebe denied this, saying no cabinet meeting was held, and he was unaware that such a decision had been taken.

If the NPA prevails, Zuma has the options of appealing in the Constitutional Court or applying to the high court for a permanent stay of prosecution.

If Zuma opts for the latter, it could drag the entire political and justice system into a messy battle in which Zuma’s defence team would seek to show state institutions were abused for political gain. Former cabinet ministers could be hauled into the dock. However, the NPA and Zuma’s legal team appear keen on an out-of-court settlement.

It is understood the NPA has warmed to the idea of resolving the legal impasse, especially since the change in the prosecuting authority’s leadership, which saw former Scorpions boss Leonard McCarthy leave.

McCarthy was linked closely to former NPA head Bulelani Ngcuka, who infamously condemned Zuma publicly while refusing to prosecute him.

Business Day understands the NPA is no longer seeking to prosecute Zuma “at all costs”, hence the willingness to hear representations from Zuma.

The NPA and Zuma’s legal team have been engaged in talks, which some say could lead to the charges being dropped, depending on the nature of the explanations provided.

Zuma’s legal team dismissed any possibility of a plea bargain yesterday. This “was never on the table, and was not the basis for our interactions with the NPA”, said Zuma lawyer Michael Hulley.

Zuma has always said his relationship with his former financial adviser, Schabir Shaik, was not corrupt. That is what his team says his representations will show.

While the NPA is said to be willing to listen without prejudice, there are no guarantees Zuma’s team can convince the state that his relationship with Shaik was innocent. But it seems the NPA is willing to hear Zuma on allegations that there was political meddling in the decision to prosecute him.

It is understood that Zuma’s team has an explosive affidavit with information that political forces lobbied the NPA to recharge Zuma after his election victory in Polokwane.

The talks between Zuma and the NPA are taking place amid a leadership vacuum in the NPA.

Parliament could within weeks ratify President Kgalema Motlanthe’s decision to axe suspended NPA boss Vusi Pikoli. This means acting NPA head Mokotedi Mpshe could be replaced. If Motlanthe delayed the appointment, Zuma as the country’s next president could appoint the person who would decide the future of his case.

The ANC is standing by Zuma, and its top brass is saying its core supporters are not worried by his legal woes. Some suggest Zuma’s continued “persecution” could play into the party’s hands.

The ANC has repeatedly said Zuma is the victim of a politically motivated campaign to stop him becoming president.

The party may go to court arguing that Zuma’s right to a fair trial has been fundamentally compromised.

ANC officials dismissed opposition fears that the ANC would change the constitution to ensure a sitting president’s immunity from prosecution. They said the ANC had taken no decision to alter the constitution, and would fight the matter in court.

Whatever today’s outcome, the ANC is likely to face an uphill battle as its detractors use Zuma’s legal woes as a stick to beat it in the election campaign.

With acknowledgements to Karima Brown, Hajra Omarjee and Business Day.