Newly appointed National Director of Public Prosecutions (NDPP), advocate Shamila Batohi, expressed concern about the developments involving ANC mayor Mluleki Ndobe and municipal manager Zweliphansi Skhosana for the murder of former ANC Youth League secretary general, Sindiso Magaqa.
The charges against the duo were provisionally withdrawn on Monday in the Umzimkhulu Magistrate's Court, due to a lack of evidence.
"Even though they were being included as additional accused in the matter which was already on the court roll, this development is nevertheless, of concern. Prosecutors have an important role to play in the administration of justice and in the defence of the ideals in the Constitution, and must act in accordance with guidelines regarding the enrolment of cases.
"The matter is receiving urgent attention and the NDPP has asked for reports from the Director of Public Prosecutions in KwaZulu-Natal, to understand what led to the enrolment under such circumstances. Any further steps to be taken will be determined after the consideration of the report/s and any other relevant information available," said Makeke.
READ: Sindiso Magaqa murder: Charges provisionally withdrawn against mayor Mluleki Ndobe
Ndobe, 44, Skhosana, 48, Sbonelo Myeza, 39 and Mbulelo Mbofana, 34, were arrested last week in connection with the Magaqa's 2017 murder.
Magaqa died in hospital in September 2017, two months after he was ambushed and shot in Umzimkhulu.
Umzimkhulu councillors, Nonsikelelo Mafa and Jabu Mzizi-Msiya, sustained gunshot wounds on the day of the ambush.
Magaqa's family and friends reacted with shock after charges against Ndobe and Skhosana were thrown out.
"It is the least of things we had anticipated — the decision left us confused and as a family, we strongly hope that justice will still prevail," Magaqa's brother Lwazi said.
Ndobe later addressed the media and scores of his supporters who gathered outside court, and said that while he was happy about his release, he was angry about his arrest.
"It is not child's play to be put in hell for eight days. My name has been tarnished for the wrong reasons. While the court has cleared our names, we have been judged in the court of public opinion," he said.