For the first time in the history of Jacob Zuma's battle with his corruption prosecutors, the State has chosen not to file papers to explain its opposition to the former president's latest appeal bid – effectively fast-tracking the Appeal Court's decision.

National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga told News24 on Friday, "We will oppose the petition for leave to appeal as we believe there are no prospects of success on appeal and we stand by Judge Piet Koen's judgment."

Asked if that meant that the NPA would not file any papers in response to the four petitions filed by Zuma at the Supreme Court of Appeal (SCA) earlier this week, Mhaga responded: "Yes. Judge Koen's judgment speaks for itself and we stand by it."

Zuma has asked the SCA for the right to challenge Koen's dismissal of his "special plea" application – in which he sought the removal of prosecutor Billy Downer because of alleged bias and misconduct – as well as his case that witnesses should be called to testify about the abuses he claims to have suffered at the hands of the State (as part of that "special plea" application).

Poor prospects

While Zuma also applied to lead further evidence in his appeal, largely to do with his complaints that Downer had "leaked" publicly available court documents to News24, Koen had found that none of this evidence related to whether Downer had the "title" to prosecute him – the key issue that would need to be decided in an appeal.

The State's decision to not file any papers detailing its opposition to Zuma's attempts to appeal Koen's rulings against him is arguably a powerful indication of just how poor it believes the former president's prospects of persuading the Appeal Court to even hear his case are.

It also means that the SCA can consider whether it will hear Zuma's appeal, which he clearly intends to use as a basis to further delay the start of his long-awaited arms deal corruption case on 11 April.

The State is adamant it will fight any attempt by Zuma to further delay his prosecution, meaning that the former president's legal team will need to formally apply for a postponement of the case.

Given that Koen found that Zuma's appeal has no reasonable prospect of success and his repeated emphasis that it is in the interests of justice that his trial starts, it is highly unlikely that the judge will grant that postponement.