Advocate Hilton Epstein, appearing on behalf of the National Prosecuting Authority (NPA), is having a tough time convincing the Supreme Court of Appeal in Bloemfontein of his argument that the decision by former Director of Public Prosecutions, Mokotedi Mpshe, was legally valid when deciding to withdraw 783 charges against president Jacob Zuma.

Justice Azhar Cachalia has repeatedly reminded Epstein of the court's previous ruling that the motive behind bringing the charges does not negate the merits of the charges. Justice Mohamed Navsa has also questioned why there is no affidavit from Mpshe included in the NPA's arguments to prove that he did apply his mind when making his decision in 2009.

Justice Cachalia further indicated that by confirming the content of Hofmeyr's affidavit, Mpshe conceded to being manipulated.

Epstein has attempted to argue that the timing of the indictment served on Zuma, just before the ANC's Polokwane conference, was suspect. The court, however, questioned how the timing of the charges have any bearing on the merits of the charges against the president.

The hearing continues.

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