ANC president Jacob Zuma and his party have won the first round in their Constitutional Court struggle to prove the National Prosecuting Authority acted unlawfully in prosecuting him, the Beeld reports on Saturday.

On Friday, Chief Justice Pius Langa ordered that Zuma, the ANC and the NPA must address the court on May 12 on the constitutionality of the NPA’s December 2007 decision.

Judge Chris Nicholson found in the Durban High court that the NPA acted unlawfully, because Zuma should have been given a chance to consult with the NPA before a decision on prosecution was made.

However, the Supreme Court of Appeal overturned Nicholson’s ruling and found that Zuma did not automatically have this right.

Zuma is challenging this decision in the Constitutional Court. The NPA has opposed his application.

It has also objected to an ANC application to be party to the matter, arguing that, among other things, "such a concession could lead to the politicisation of the criminal justice system".

On Friday, Langa ruled that the Constitutional Court would hear Zuma’s arguments and that the ANC could be party to the matter.

He instructed that Zuma, the ANC and the NPA should meet and agree which facts they considered to be common cause. They should compile these and submit them to the court.

If the parties could not reach an agreement, the clerk of the court would need to be informed by March 27 and Langa would issue a new instruction.

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