Zuma and the NPA asked for leave to appeal a judgment of the Gauteng North High Court a year ago, which ruled in favour of the Democratic Alliance (DA), setting aside the 2009 decision by the NPA's former director of public prosecutions Mokotedi Mpshe to discontinue the corruption case against Zuma on the basis of irrationality.
South Africa's Supreme Court of Appeal on Friday upheld a High Court ruling to reinstate hundreds of corruption charges filed against Jacob Zuma before he became president.
That would leave the decision in the hands of NPA boss Shaun Abrahams‚ who is seen as a Zuma ally.
But last month Zuma and the NPA made an about-turn and conceded that Mpshe's decision not to prosecute Zuma was irrational.
"It is hard to understand why the present regime at the NPA (National Prosecuting Authority) considered that the decision to terminate the prosecution could be defended", Judge Leach said.
"The ball comes back into the court of the NPA whether to continue or discontinue", Machingura said.
Initially two days had been set aside to hear the legal team's oral representations, but by lunchtime they had wrapped up the matter.
Advocate Kemp J Kemp, counsel for Zuma, made the same concession.
They revealed that McCarthy had consulted extensively with Ngcuka, a passionate Mbeki supporter, about when to indict Zuma - with a view, said Zuma, to bettering Mbeki's chances of winning the ANC elective conference in Polokwane.