Alleged underworld kingpin Nafiz Modack may be granted bail after the State failed to produce a certificate from the National Director of Public Prosecutions (NDPP).
The defence counsel for the murder-accused indicated that in the absence of a Prevention of Organised Crime Act (Poca) certificate, their client could not be charged under the Act.
Modack together with his co-accused returned to the Blue Downs Regional Court on Thursday.
During proceedings prosecutors went on the record saying they did not have the certificate from the NDPP to charge the group on the Poca charges.
Counsel for Modack, advocate Dirk Uys, told the court that if there was no certificate from the NDPP, his client should not be charged with counts relating to Poca.
Uys said the charges which relate to Poca against his client were therefore unauthorised.
State prosecutor Greg Wolmarans submitted that the charge sheet before the court was a “draft charge sheet” and charges could be removed or added.
Adding that the certificate in question was pending authorisation.
A judgment on the matter pertaining to the Poca charges will be delivered on June 29.