On Friday morning the Supreme Court of Appeal in Bloemfontein dismissed Zuma's and the National Prosecuting Authority's appeal in what became known as the "spy tapes" case.
Shortly before the 2009 polls, after Zuma had won the contest for the leadership of the ruling African National Congress, Mpshe, withdrew 783 charges linked to the multi-million rand 1999 arms deal.
The long-standing matter was brought by the DA.
The High Court in Pretoria ruled earlier this year that the 2009 decision to withdraw charges was irrational and set it aside which had the automatic effect of the charges being reinstated against the president.
This story will be updated as soon as the SCA's full judgment is available.
The court on Friday didn't immediately release its detailed judgment or indicate its response to a request by the opposition Democratic Alliance for it to order that the case should proceed immediately.
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At the hearing, Kemp said "what then must happen is that the representations would have to be considered by the NPA, because they have never been".
"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.
But last month Zuma and the NPA made an about-turn and conceded that Mpshe's decision not to prosecute Zuma was irrational.
Advocate Kemp J Kemp, counsel for Zuma, made the same concession.
Arguments about what was to happen with regard to the legal proceedings against Zuma, dominated the rest of proceedings, before judgment was reserved.