The National Prosecuting Authority (NPA) says it’s up to Jacob Zuma's defence team to decide whether or not to file an intervening application with the court to halt his prosecution pending the outcome of a separate legal challenge about his legal fees.
The NPA confirmed on Monday that prosecution boss Shaun Abraham's rejected a request made by the former president’s lawyer, Michael Hulley, for the case to be withdrawn.
Abrahams indicated that only a court could make such a determination.
Advocate Moipone Noko is the person in charge of prosecuting Zuma.
She says that they don’t know whether his legal team will bring an application to force a stay in prosecution following Abrahams’ decision.
But she indicated the ball is in their court.
"It will be another postponement. I’m not sure whether it will be for trial or whether an application will be brought or not. I can’t say. But definitely there’ll be a trial. From our side we’re ready for trial."
Zuma is due to appear in court on Friday to face 16 charges ranging from corruption to racketeering that date back to the 1990s.
In March, the DA asked the courts to rule that Zuma must pay his own legal bills, and in May, the Presidency said it would not challenge a ruling to that effect.
The Democratic Alliance and Economic Freed Fighters have filed separate cases asking the court to stop taxpayers from paying for Zuma’s defence costs.
Zuma wants his prosecution to be halted until he finalises who will foot his legal bill.
It is unclear whether their next step would be to approach the court.