National Prosecuting Authority head Mokotedi Mpshe has balked at handing over all the evidence that persuaded him to drop charges against ANC President Jacob Zuma.

Instead of providing the Democratic Alliance with all the information that led to his decision, Mpshe on Friday left it to the ANC president to permit the release of the confidential representations that secured the withdrawal of all charges against Zuma.

Mpshe's stance has effectively stopped the flow of all information about his decision to drop charges against Zuma - including prosecutors' memos and statements about why the case against him was solid and should stand - from being released before Zuma takes his place at the Union Buildings.

Zuma's lawyers last week demanded that the DA be ordered to provide R1.2-million in security before it was allowed to legally challenge Mpshe's decision - after hearing taped conversations of former prosecuting heads Bulelani Ngcuka and Leonard McCarthy discussing the timing of Zuma's recharging - to drop the Zuma charges. Zuma's legal team has until the end of the month to indicate if it will release any of the evidence.

If lawyers for Zuma and the DA are unable to reach an agreement on a "suitable confidentiality undertaking", Mpshe has suggested that a court should decide on whether the Zuma tapes and representations should be released.

In a letter to the DA and Zuma, lawyers for the NPA state: "Whereas the NPA and (Mpshe) are aware of their duties as organs of state... they are placed in an invidious position, in that they are not at liberty, without an order of court, to act in a manner that would breach the confidentiality undertaking made to Mr Zuma, through his legal representatives.

"Such a breach could potentially attract liability for the NPA and (Mpshe) towards Mr Zuma and any other persons mentioned and/or affected by the representations."

Lawyers for the NPA have also questioned whether the DA had the standing to challenge Mpshe's decision to drop the charges against Zuma.

"The party will, as a result, have to win a court battle to prove their right to bring their Zuma challenge before they can challenge the decision itself."

Speaking to The Saturday Star on Friday, a lawyer for the DA, Mervyn Smith, said the party was considering the NPA's letter and would respond to it next week.

Smith said that the DA would "not be deterred" from pursuing its application.

• This article was originally published on page 4 of The Pretoria News on April 25, 2009