The defence lawyer of four men linked to taxi violence in Mthatha has notified the court of his intention to apply for the case to be struck off the roll.
Advocate Sithembele Mgxaji said on Friday that if, by the next court appearance, the director of public prosecution (DPP) had not made its decision about which court would hear the trial, he wanted the charges dropped.
His clients had been in custody since March. Kholwane Ntanjana, Vuyo Mahlombe, Monelisi Fasi and Mncedi Fasi appeared briefly at the Libode Magistrate’s Court on Friday.
However, state prosecutor Fezile Mafunga told the court that the DPP’s decision was not available yet.
Mgxaji said: “If the DPP’s decision is not available before the court, on behalf of the accused I will apply that the matter be struck off the roll.”
Mafunga said the state would not oppose that application.
The four are facing a string of charges including possession of firearms, possession of ammunition and possession of stolen vehicles.
They were arrested earlier this year at Sibangweni village near Mthatha in connection with the taxi violence that has claimed more than 60 lives since 2016.