Gqeberha businessman Arnold Terblanche and his co-accused Reinhardt Leach appeared in the High Court on Friday for a pre-trial conference.
The two are accused of conspiring to kill Terblanche's estranged wife Vicki whose body was found in a shallow grave in October 2021.
During proceedings state advocate Marius Stander said, on the record, that he was not ready to proceed with the pre-trial hearing, citing several reasons to the court.
He told Judge Bulelwa Pakati that the entire copy of the docket had not yet been made available due to outstanding digital data, amongst other things.
He said the delay was also due to the volume of the data, and that they only recently acquired someone to "read" the data on an external hard drive which still needs to be collected in Cape Town.
Leading up to the pre-trial conference, the defence requested further particulars and further discovery from the state which Stander said he could not yet offer as he did not want to bind the state to a set version of the case.
Terblanche's attorney Peter Daubermann argued that Stander was still investigating the case when he stated on record that the investigation was done.
He said he had three years to investigate his case, adding that the fact that the State did not want to bind itself to a version, was proof that the investigation was not yet completed.
Daubermann said it was preposterous, "to say the least."
Witnesses
However, a big point of contention was that several state witnesses now wanted legal representation as their testimony could incriminate them.
Stander said at least eight people were either 204 witnesses or potential 204 witnesses who have the right to legal representation.
He asked Judge Pakati to put it on record, as the witnesses could not just show up at Legal Aid SA to ask for assistance.
One of the state's key witnesses, Mario de Ridder, already has a private attorney, while seven others wanted Legal Aid.
Daubermann also questioned Stander's stance and said he needed time to consider this request as it may not be in accordance with the Criminal Procedures Act.
He highlighted that a person could only be 204 witnesses if certain requirements were met, and said it would be premature to refer to them as such now.
"On what charges would they incriminate themselves?," he asked Judge Pakati.
Daubermann said he would also need to discuss it with his client as they might want to oppose it.
Stander said he needed to consult with certain witnesses before he could help the defence with any requests.
He made specific mention of Natalie Nell, Arnold's adult daughter who provided an affidavit to the state during the second bail hearing.
Terblanche's domestic worker, Nyameka Yelani was also in court with her legal representative Tarika Naidu.
Stander argued that it was crucial to consult with her as she was at the crime scene before the police, and before the body was found and she also communicated with Arnold during this time.
He said Terblanche and Yelani trampled all over the crime scene for two days before police arrived.
The matter was postponed to 10 May.
To stay up to date with the case you can listen to the Algoa FM News Exclusive Podcast: Journey to Justice
