This after new Gauteng Acting Director of Public Prosecutions Livingstone Sakata rejected the defence lawyers’ submissions to have the charges withdrawn, citing unreasonable delays.
The latest development was revealed in Friday morning’s court hearing, with the matter subsequently postponed to November 21, with the defence given 30 working days to file an appeal with Batohi, as explained by the NPA’s Phindi Mjonondwane.
"Well we cannot pre-empt what the next step will be from the accused persons, but it's their right – if they choose – to approach the office of the National Director," said Mjonondwane.
"The office of the National Director will then exercise her discretion in deciding on their representations; she'll be given an opportunity to study, obviously the contents of their representations.
"She will do whatever is necessary, like having presentations from the prosecution and their reports, and thereafter take an informed decision."
Mjonondwane further pointed to SAFA challenging the legality of last year’s search and seizure at their Nasrec headquarters in the High Court on October 8 as a major contributing factor to the ongoing delays.
"The accused persons are the ones who are delaying this matter, so therefore the delays can be attributed to them because they could have chosen the easier way," she added.
"This by bringing interlocutory applications that can be entertained through processes like trial within a trial by the very same court we are in here – the specialised commercial crimes court.
"However, they chose to bring review applications to the High Court, which then is delaying this matter further."