The Democratic Alliance (DA) has asked acting NDPP Mokotedi Mpshe for permission to make representations to the National Prosecuting Authority (NPA) as it reviews its decision on whether or not to prosecute Jacob Zuma.
DA leader Helen Zille said she had written to the acting National Director of Public Prosecutions after seeking legal opinion.
In her letter to Mpshe, Zille said the ANC president's prosecution had generated much media coverage, both nationally and internationally.
More recently it had been reported that there was a distinct possibility that the NPA intended to discontinue Zuma's prosecution.
Zuma was the ANC's presidential candidate for the 22 April elections.
The charges preferred against him were very serious and the type which, if he was to be found guilty of any of them, would suggest that such a person would not be a fit and proper person to head the national executive and be head of State.
"It is the DA's view that were Mr Zuma's prosecution to be discontinued for an illegitimate or unlawful reason, the constitutional values that the people of South Africa stand for would be seriously compromised.
Zuma's numerous charges
"From documents recently filed in, inter alia, the Constitutional Court, your office has made it clear that it not only wishes to prosecute Mr Zuma on numerous serious charges, but also that it has sufficient evidence for a successful prosecution on serious charges," she said.
"Bearing in mind the DA's interest in the protection of South African society, together with its more general interest in the protection of the rule of law and the principle of legality, it submits that any decision to discontinue Mr Zuma's prosecution should not be taken until such time as it, the Democratic Alliance, has had a proper and adequate opportunity to make representations in respect thereof."
The DA believed it was "a relevant party in respect of this particular prosecution", as contemplated by section 179(5)(d)(iii) of the Constitution.
"The Democratic Alliance contends that a decision to discontinue the prosecution, in the current circumstances, without first affording it the opportunity to make representations would for that reason alone be unlawful and unconstitutional and would fall to be set aside by an appropriate court.
"In the circumstances the DA requests you not to make any decision to discontinue Mr Zuma's prosecution until such time as it has made its representations," Zille said.


