The DA has lost its bid to force President Jacob Zuma to implement the public protector's remedial action contained in the State of Capture report.
Last year, former public protector Thuli Madonsela recommended that a commission of inquiry be established by Zuma but that the judge should be chosen by the Chief Justice Mogoeng Mogoeng.
Zuma took issue with this remedial action and is set to challenge it in the courts next month. He believes the public protector has no right to tell him who should appoint a judge that would head up the inquiry.
The DA wanted the courts to compel Zuma to implement the remedial action and establish an inquiry even though he was challenging it.
But the judges at the Pretoria High Court dismissed the DA's application on Friday pending Zuma's review of the remedial action which is set to take place in October.
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Judge Makume said it would not be in the interest of justice to compel Zuma to appoint a commission of inquiry into state capture without a review taking place.
The DA and public protector will have to pay the costs for the case.
"We are not disappointed by today's outcome. What happens now is that we have to wait for the review application, but should the review application fail, the order that we sought will be immediately implemented," James Selfe, the DA's federal chairperson said.