The Supreme Court of Appeal has upheld the ruling of the Gauteng High Court that the National Prosecuting Authority's decision to drop the corruption charges against President Jacob Zuma was irrational.
President Zuma and the NPA have also been ordered to pay the costs of the failed application.
Handing down judgment on Friday, Justice Leach pointed to a number of ways in which Mpshe's decision was irrational - including the fact that the prosecution team had been excluded from the decision, according to a report by the Mail and Guardian.
Zuma's lawyers conceded in a September 14 hearing that the National Prosecuting Authority's reasoning in dropping the case in 2009 was wrong but argued that the president should be allowed to make representations before a new decision to proceed with 783 charges relating to an arms deal is taken. Leach admitted that he understands why the present regime at the NPA believed the decision could be defended.
Leach says that in any event, Mpshe's decision stood to be set aside.
Zuma wanted the opportunity to make fresh representations before the NPA chose to recharge him.
Zuma's prosecution was discontinued by Mpshe - based on the "spy tapes".
Legal expert James Grant reaffirmed Roux's sentiments, saying the decision on whether to prosecute Zuma falls in the court of the NPA and the Director of Public Prosecutions.
Former prosecutions boss Mokotedi Mpshe withdrew criminal charges against Zuma in 2009, after considering representations from the president which included the so-called Spy Tapes. The opposition Democratic Alliance asked the court to order holding an immediate trial.