President Jacob Zuma stole money from the people of South Africa and must now have his day in court like any other citizen, Democratic Alliance (DA) leader Mmusi Maimane said on Friday.

“I think the reasons that were being advanced today (in court) are spurious at best. We hold that Jacob Zuma must have his day in court. If he has nothing to hide, he must come out to court and make out the case,” Maimane told reporters at the High Court in Pretoria.

“The charges of racketeering are on the people of South Africa. The people were looking for houses and work opportunities. Jacob Zuma and his friend Schabir Shaik stole the people’s money. If he wants to disapprove that he must come to court and argue the case. His delays are simply not serving the people of South Africa. It is taxpayers money being wasted here and Zuma must account for his actions. He must come to court.”

Maimane spoke to journalists shortly after deputy judge president Aubrey Ledwaba, leading a full bench of judges, reserved judgement in the National Prosecuting Authority (NPA) and Zuma’s application for leave to appeal the same court’s decision in April that the president must face hundreds of criminal charges withdrawn in 2009.

After hearing arguments from lawyers representing the NPA, Zuma and the Democratic Alliance, Ledwaba said the parties would be informed of the day of the court’s ruling.

Earlier, David Borgström‚ advocate for the DA, said the reasons advanced by the NPA and Zuma as grounds for an appeal do not warrant the court granting leave to appeal.

“In the circumstances, my lords and lady, we submit that the judgement of this court should stand, leave to appeal should be refused and we ask for the costs of two counsel,” said Borgström.

However, the NPA argued that its former acting director of public prosecutions Mokotedi Mpshe acted correctly when he discontinued the 2009 prosecution of Zuma.

Advocate Hilton Epstein, for NPA, told the court that Mpshe had the right, without consulting any courts, to discontinue the prosecution when it was apparent to him that the prosecution was being driven by ulterior political motives.

“It would be an absurdity if the prosecutor thinks there has been such a serious abuse and the prosecution should not carry on, he or she must carry on with the prosecution in the meantime for a year or two or three years only to tell the courts that we believe there has been an abuse of process.

“The courts would not have the power to order the prosecution to carry on,” said Epstein.

“It would be an act of bad faith for the prosecution to proceed down the road of prosecution, knowing full well that there has been an abuse of power.

“What the prosecutor is entitled to do is is to stop the prosecution if he or she thinks that is what it merits. A third party can review that but the court can’t intervene in that process.”

Concurring with the NPA counsel, Zuma’s advocate Kemp J Kemp said courts should not intervene in NPA prosecutorial decisions on matters of public interest and policy because such interventions have “slippery consequences”.

Earlier on Friday, the NPA and Zuma sought leave to appeal the April 29 ruling which stated that the decision taken by Mpshe to drop the raft of charges against the President was irrational and should be set aside.

The charges against Zuma were withdrawn shortly before the national elections that brought him to power in 2009 and the court said that Mpshe had found himself under political pressure.

The case famously dubbed the “spy tapes” was brought by the DA.

The DA had asked the court to review the NPA decision to drop all 783 charges of fraud, corruption and racketeering against Zuma, stemming from the multi-billion rand arms deal.

Zuma was not in court on Friday, but DA leader Mmusi Maimane joined other party officials sitting attentively listening to proceedings on Friday.

Outside court, DA supporters were picketing on the streets. Singing and dancing along the busy Madiba Street, the number of supporters kept swelling as minibuses dropped off additional DA members. Some motorists hooted and waved in support as they drove by.

Several news crews were also at the court.