In the DA’s quest for Mpshe’s decision to be set aside, there were two interlocutory applications (which contributed to the lengthy delays). Together, these applications took 54 months to deal with, four years roughly.

The first interlocutory application was a challenge by the NDPP and Zuma to the locus standi (standing) of the DA to bring the application to set aside Mpshe’s decision. 

When the matter returned to the High Court after this was dealt with, Zuma and the NDPP did not want to include the review record for the DA to have access to the parts of the spy tapes that Mpshe based his decision on. 

This led to another interlocutory application, this time by the DA, to compel the inclusion of the spy tapes records. 

Finally, in April 2016, the court heard the DA’s application for Mpshe’s decision to be set aside.

“Whatever the motive of the litigation was, the effect was to delay the prosecution,” Trengove tells the court.