The National Prosecuting Authority has blamed President Jacob Zuma's lawyer for its failure to comply with a court order to hand over the so-called Zuma spy tapes, The Star reported on Friday.
In an affidavit, acting NPA boss Nomgcobo Jiba said she could not be held accountable for not complying with the order by the Supreme Court of Appeal, as a full transcript of the secret recordings had been in the possession of Zuma's lawyer, Michael Hulley, since 25 April.
The SCA ordered the NPA to produce a record of the "documents and materials", including any that informed the decision by then acting prosecutions chief Mokotedi Mpshe to drop charges of racketeering, corruption, fraud and money laundering against Zuma before the 2009 election.
Jiba's affidavit says Hulley believes the transcript should remain under wraps, according to the newspaper.
The SCA order allowed for representations made on Zuma's behalf and responses to them to be excluded if this would breach confidentiality.
It imposed a 14-day deadline for the NPA to hand over the "reduced record".
In September, the Democratic Alliance made an application in the Pretoria High Court asking for an order to compel the NPA to comply with it, and for Jiba to show why she was not in contempt.
Zuma is a respondent in the action.