President Jacob Zuma's fate now rests in the hands of the National Prosecuting Authority and its boss Shaun Abrahams.
This comes after the Supreme Court of Appeal upheld an earlier decision by the High Court that Zuma be prosecuted with 18 charges and 783 counts of fraud, racketeering and money laundering.
Legal expert Ulrich Roux said the court's decision means it was now the NPA's prerogative to reinstitute the charges against Zuma.
"The ball is now in the hands of the NPA. This will serve as an opportunity for [Abrahams] to show how credible he is," Roux said.
"I would expect there would be a lot of opposition if the NPA declines to prosecute."
However, Roux said if the NPA does not prosecute Zuma, there is an alternative.
"If the NPA declines to prosecute and issues a nolle prosequi certificate (a formal notice of abandonment), then any private person or entity can institute a private prosecution," Roux said.
"But the certificate must be obtained first. There is no reason why Zuma should not be prosecuted."
Legal expert James Grant reaffirmed Roux's sentiments, saying the decision on whether to prosecute Zuma falls in the court of the NPA and the Director of Public Prosecutions.
"The state of confusion is still in tact...we don't know what decision will be made," Grant said.
He did say, however, with the SCA's ruling, the NPA is likely to reinstate charges.