President Jacob Zuma has already considered 384 applications for presidential pardon launched in 2003, the Constitutional Court heard on Thursday.

This was contained in an affidavit filed with the court on Thursday in reaction to a suit brought against Zuma by mostly members of the Inkatha Freedom Party (IFP) over a six-year delay in dealing with their applications.

According to the affidavit, 230 of the applications were rejected, but 146 could not be finalised because of a high court order. Although the remaining eight did not apply for pardon, their circumstances were similar to the others and their applications would be considered with the 146.

"It would not be fair to attach a list of the rejected applications or to provide any further information on them because the applicants have not yet been informed of the decision," said Zuma.

The lawsuit was originally brought against the justice minister by Mqabukeni Chonco and 383 others, but the Constitutional Court found last September that it was the president who bore "all obligations in the greater pardons process".

The IFP, of which Chonco and most of the other applicants are members, then decided to institute legal action against Zuma.

During Thursday's proceedings, the court dealt only with the costs of the lawsuit. The applicants sought reimbursement for the cost of the court application and legal fees.

Their counsel, Johan Kruger SC, said the applicants should be granted costs because the delays in processing their applications were unnecessary.

"With all due respect, had the president and (justice) minister done their duty, this court bid would not have been launched," he said.

Advocate Marumo Moerane SC, acting for Zuma, argued that costs should not be granted, because the pardon applications had already been processed.

"In his responding affidavit on December 18, the president indicated that he would process the applications by the end of January 2010, which he did."They could have waited to see if he processed them. There was no reason to believe he would not," said Moerane.

He said a simple letter would have elicited the same response as the lawsuit. However, Kruger said it was not known how the president would have reacted to a letter.

"It is unreasonable to suggest that the applicants would abandon this court application on trust that the president would fulfil his promise. The State simply makes promises and expects people to abandon litigation. That is not good enough," he said.

Chief Justice Sandile Ngcobo reserved judgement on the issue of costs.

Chonco was convicted of murder in the late 1980s and was sentenced to life in prison. He applied in 2003 to be pardoned by the president for his crime. He claimed the murder was politically motivated.

Chonco did not participate in the Truth and Reconciliation Commission's amnesty process on the instructions of the IFP, which did not participate in the proceedings.

In the course of 2003, he was joined by the other 383 applicants seeking pardon on the same grounds.

IFP chief whip Koos van der Merwe, said it was sad that the prisoners had to wait seven years for the president to apply his mind to the matter.

"In respect of those applicants who were denied pardon, the IFP's lawyers will be studying the matter and may recommend that reasons be sought from Zuma as to why the applications were denied," he said.