Jacob Zuma and the ANC were forced to put the champagne on ice on Tuesday, after the National Prosecuting Authority held off announcing whether the man poised to lead the country will remain accused of criminal acts.

This was after news that through that NPA boss Mokotedi Mpshe had yet to decide whether to drop charges, contrary to what was apparently communicated to Zuma's lawyer Michael Hulley on Monday.

It is the second day in a row, where an expected announcement was put on hold.

Zuma, who addressed a business breakfast earlier in the morning, took a pot shot at his predecessor, Thabo Mbeki, saying that when his administration came into power, it would not allow any "undue or political interference" in the justice system.

Zuma spent most of the day at his Joburg home as he waited for the State's decision to be formally communicated.

There was widespread expectation that having failed to agree on Monday, the NPA would announce a way forward on Tuesday after day two of another marathon meeting.

An upbeat ANC rescheduled its Zuma press conference for noon today, only to postpone it yet again "until further notice'' when it became clear this would be premature.

NPA spokesman Tlali Tlali said that the NPA would only reveal the date of Mpshe's decision on Friday. He was not prepared to commit to a date for the actual announcement.

The NPA still needed to verify "outstanding pieces of the puzzle" that would play a "critical part" in deciding whether the Zuma prosecution should be permanently stayed, he said.

Tlali declined to say whether the information requiring verification was related to alleged recordings of former Scorpions boss Leonard McCarthy and ex-NPA head Bulelani Ngcuka, as well as conversations with Mbeki and his confidantes.

It is claimed that the recordings point to alleged executive interference in the NPA's work.

On the rift within the NPA about whether charges should be dropped, Tlali stated: "In any process of deliberation you will have people holding different views."

But whatever decision was reached "it will be the decision of the NPA and not an individual", he said.

The Mercury understands that one of the key disputes centres on whether the case can proceed, even if there is evidence of executive interference in Zuma's prosecution.

NPA staff who believe they have a solid case, have taken succour from Supreme Court of Appeal Deputy Judge President Louis Harms, who, in overturning Judge Chris Nicholson's judgment, ruled that: "A prosecution is not wrongful merely because it is brought for an improper purpose. It will only be wrongful if, in addition, reasonable and probable grounds for prosecuting are absent."

They felt a decision about whether the case was indeed tainted should rather be left to a judge. They argued that if the NPA made its decision because of fear that it would be embarrassed or its reputation damaged, this would not be in the interests of justice *1.

Moreover, given that Zuma's application for a permanent stay was scheduled for May, a judge could rule on the matter then.

Meanwhile, the ANC's media team met over the past two days to devise a communication strategy to cover both possibilities, said spokesperson Lindiwe Zulu.

If the NPA decided not to drop the charges, the party would have to communicate this to its members very carefully.

Celebration parties, organised by the ANC's local structures, would probably be held "spontaneously" if the NPA's decision went the other way, she said.

Zuma was due to attend the Cape Town Jazz Festival this weekend and was scheduled to visit the Eastern Cape.

On Monday, the ANC's national working committee met and discussed the NPA's impending decision, but felt it should not remove the focus from the party's election campaign.

Zuma is understood to have left the meeting when the topic was discussed.

One committee member told The Mercury that the withdrawal of the charges should be unconditional, to avoid accusations that Zuma was corrupt because he had not been acquitted by a court of law.

Zuma's lawyers on Tuesday again missed their deadline - extended from March 27 - to file documents related to his Constitutional Court bid to have his prosecution declared invalid.

The documents include a list of agreed common cause facts about Zuma's application and a full record of the appeal with the court.

Related Articles

• Zuma: NPA considering key information
• NPA's decision remains a mystery
• No end in sight for Zuma talks
• Zuma talks enter day two
• Zuma prosecuters locked in debate

• This article was originally published on page 1 of The Mercury on April 01, 2009