The planned night vigil for ANC President Jacob Zuma got off to a slow start with less than 1000 diehard supporters braving the cold in Pietermaritzburg's Market Square on Sunday night by 9pm.

Police had barricaded off the court area and closed Church Street outside the Pietermaritzburg High Court, which will hear Zuma's application to have the decision to prosecute him declared unlawful.

Organisers of the vigil had erected a stage with a large screen and a sound system that was blaring loud music.

Vuvuzelas and mock machine guns

Various small groups, including SA Communist Party supporters clad in red, were seen arriving singing and chanting slogans. Some had vuvuzelas while others were blowing shrill whistles. A number were carrying mock machine guns.

Police had closed off all roads surrounding Market Square outside the court buildings.

None of the ANC hierarchy were to be seen in the square shortly after 9pm.

Earlier in the evening hordes of media — local and foreign — besieged justice officials in a bid to obtain access to the court on Monday.

However, with only 20 seats available in the court to the media, many were disappointed.

Shortly after 9pm a hawker in Market Square began putting meat on a braai as songs from Izingane Zoma's album in support of Msholozi (Zuma) blared out.

People making their way into the square were inspecting the Che Guevara caps and ANC jerseys that other vendors had unpacked already.

Zuma believes that the State — having reversed a 2003 decision by former national Director of Public Prosecutions Bulelani Ngcuka not to prosecute him — was obliged in terms of the Constitution and the National Prosecuting Authority Act of 1998 to give him the opportunity to make representations before it decided to prosecute him in 2005 and 2007.

However, the State contends in its heads of argument that when Judge Herbert Msimang struck the case against Zuma from the roll in September 2006, this meant there could be no review of Ngcuka's decision not to prosecute.

And in the event that Zuma was allowed to make representations it asked why Zuma was only in 2008 questioning the decision of Ngcuka's successor Vusi Pikoli, who opted to prosecute Zuma following the conviction of Durban businessman Schabir Shaik in August 2005.

"We submit at the outset that the court should decline to review the Pikoli decision because it has become moot and the application for its review is out of time."

It also emerged that Zuma's lawyer, Michael Hulley, had written to the NPA on 11 October 2007 requesting "an opportunity to be heard".

The State contended that Hulley had been told by the Acting National Director of Public Prosecutions Mokotedi Mpshe that he would not be able to make representations.

"When the Acting NDPP declined their request in his reply of 12 October 2007, they did not protest as they would have done if they had any real expectation of a hearing."

Zuma was charged on 28 December 2007 with racketeering, four charges of corruption, a charge of money laundering and 12 charges of fraud.

The man tasked with hearing the argument is Judge Chris Nicholson, who will be assisted by Advocate Griffiths Madonsela and private attorney Ranjit "JP" Purshotam.

Kemp J. Kemp versus Wim Trengrove

Advocate Kemp J. Kemp will lead the argument for the Zuma camp, while advocate Wim Trengove will lead the State's case.

The two faced off in the Constitutional Court in March when Zuma and his co-accused French arms manufacturer Thint attempted to have controversial August 2005 search and seizure raids declared unconstitutional.

The outcome of that battle was announced last Thursday and apart from one of the judges, Judge Sandile Ngcobo who gave a dissenting view, the Constitutional Court ruled in favour of the State.

However, the last time Trengove and Kemp faced off in Pietermaritzburg in September 2006, Judge Msimang struck the case from the roll — after refusing to grant the State the postponement it had been seeking.

Superintendent Vincent Mdunge said on Sunday that extra police officers had been deployed to Pietermaritzburg.

"We have contingency plans in place and we are ready for any eventuality," he said.

On Thursday the ANC Youth League's KwaZulu-Natal provincial leadership announced that Pietermaritzburg "will not move" during the two days that Zuma is in court.

Hotels and lodges in the city were reported to be fully booked.

Sapa