Zuma was supposed to hand himself over to police on Sunday but failed to do so due to his application to for the Pietermaritzburg High Court to halt his arrest.

Judge Bhekisasa Mnguni is set to hand down judgment on Friday.

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Spokesperson Lirandzu Themba says they have written to the Constitutional Court to seek clarity on the impact of the court application on the court’s order.

"I can confirm that the police ministry, as well as the SAPS, have written to the Constitutional Court to seek clarity on what to do in light of the ongoing litigation processes. 

"But in the absence of and response from the Constitutional Court, the police will have to make the arrest by midnight.

"Failing to do so as we know would mean that the minister and the police commissioner will be in contempt of court. I think it is important to add that the minister has indicated that he is not prepared to be charged with contempt of court.”

Zuma wants to halt his arrest pending his application to the apex court to rescind its judgment against him.

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His lawyer, Advocate Dali Mpofu told Pietermaritzburg High Court on Tuesday that the Constitutional Court judgment that sentenced Zuma to 15 months in prison is unconstitutional and amounts to detention without trial.