The National Prosecuting Authority (NPA) is determined to fast track *1 its appeal against the judgment that found the state's decision to prosecute Jacob Zuma was unlawful.

Shortly after Judge Chris Nicholson on Wednesday granted the NPA leave to appeal his earlier judgment, NPA spokesperson Tlali Tlali said "stones had been thrown" at the NPA previously regarding delays in the Zuma trial and they now wanted to fast-track their appeal to the Supreme Court of Appeals.

"There is huge public interest in this case and we want there to be certainty as soon as possible," he said.

Earlier Nicholson granted the NPA leave to appeal his September 12 judgment on all 16 grounds they had raised.

In his ruling on Wednesday, the judge said the main application involved complex questions of fact and law.

He said certain sections of the Constitution and the National Prosecuting Authority Act, which related to whether Zuma should have been allowed to make representations to the NPA before they recharged him, had never been considered by the courts before.

"On those questions I have no difficulty in granting leave on the basis that I believe there are reasonable prospects of success of appeal," said the judge.

On the issue of whether Zuma had a "legitimate expectation" that he could make representations to the National Director of Public Prosecutions, he said it was a "borderline issue" when it came to its prospect of success on appeal.

However, he was "inclined" to grant leave on that ground also.

In addressing the issue of political interference he mentioned in his earlier judgment, Nicholson said detailed reasons had been given in the NPA's leave to appeal application as to why the court erred in making that finding. Therefore Nicholson also granted leave to appeal on that ground.

Earlier, Zuma's counsel Kemp J Kemp told the court complex legal issues were not grounds alone for the NPA's application to be granted, adding there had to be reasonable prospects for leave to appeal.

He touched on allegations of political interference in the decision to prosecute Zuma, saying while Zuma's legal team had raised the allegations they had never tried to prove the truth of it.

He did not believe another court would find differently from Nicholson who found there was some merit to the allegations.

For the NPA, Wim Trengove SC said he would not repeat the 16 grounds for appeal set out in their papers but added that the court had erred in inquiring into the truth of the allegations of political interference.

Zuma was not at court on Wednesday and unlike previous court appearances, none of his supporters gathered outside.

* This article was originally published on page 2 of Daily News on October 23, 2008

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With acknowledgements to Irene Kuppan and Independent Online.