The DA's announcement came on the day when outgoing Gauteng Judge President Bernard Ngoepe yesterday slated the National Prosecuting Authority for being in contempt of court for not releasing the so-called "spy tapes".

In an interview with The Times' sister newspaper, Sowetan, Ngoepe said the NPA's behaviour was not good especially coming from a government institution. He said the courts could not go beyond holding the NPA in contempt of court.

Voicing doubts over whether anyone would want to go to jail for defying the court order, Ngoepe said: "Anyone who wants this to be carried out can approach courts to ensure that it is done."

His criticism was in reaction to Zuma's lawyer and special adviser, Michael Hulley, who told The Times this week that the tapes would not be released because of a confidentiality agreement they had with the NPA.

The agreement - forged in 2009 - centred on Zuma's legal team handing over taped recordings of former Scorpions boss, Leonard McCarthy and former director of public prosecutions Bulelani Ngcuka discussing the charging of Zuma with fraud and corruption.

The tapes led to the dropping of charges against Zuma.

DA MP James Selfe said it met with its legal representatives yesterday.

"During this meeting it was decided to proceed with the application to get the tapes and any other documents covered by the Supreme Court of Appeals ruling," Selfe said.

In April, the SCA ruled that reduced transcripts of the tapes should be handed over to the DA.

Selfe said they had discussed their legal strategy, which they would use "to pursue this matter to the end".

"We will now embark on a substantive review application of the decision to discontinue the prosecution of Zuma," he said.

• COPE leader Mosioua Lekota was booted out of parliament for refusing to retract a statement calling for Zuma's impeachment over his apparent refusal to abide by the constitution and the SCA ruling.

The ANC chief whip's office said: "By claiming in the house that the president has defied a lawful judicial order, Lekota has lied to parliament . a serious transgression.

"Lekota's statement undermines the dignity of the office of the president for cheap party political gain.

"Lekota must be sanctioned for presenting false information."

He was not available for comment. - Additional reporting by Alfred Moselakgomo and Sapa