Johannesburg – Terror-accused twins Brandon-Lee and Tony-Lee Thulsie will remain in custody until Magistrate Pieter du Plessis makes his decision on whether to grant the state a further postponement.
On Tuesday defence advocate Anneline van den Heever continued to argue in the Johannesburg Magistrate's Court that the state had not given substantial information as to why the matter had to be postponed.
"Our rights are being infringed while the state investigates and the twins shouldn't be detained for an indefinite period."
The twins were arrested in July 2016 and have been charged with conspiracy and incitement to commit the crime of terrorism and conspiring and attempting to commit acts associated with terrorist activities.
The twins have remained in custody since their arrest.
Van den Heever said before a postponement was granted the "applicant should supply a full and satisfactory explanation for a postponement."
"The postponement should be bona fide and not used a tactical measure".
She added: "To ask for a postponement while the State gets their house in order is not a legitimate reason."
"The matter can be struck off the roll and when the State is ready to properly charge them, the matter can be resumed."
"I can't understand why the court can grant the State a further two months."
While Magistrate Du Plessis agreed that accused persons should be on bail for minor issues, he said if the alleged crime was a schedule six offence "it's a different situation".
However, Van den Heever insisted the State had to prove that the evidence existed and that it was relevant, which the defence felt the state failed to provide.
Earlier, State prosecutor Chris MacAdam responded to the defence argument, saying the issue was that the defence abandoned the bail application for the twins.
"They had the right to apply for bail, but they chose not to, so they can not say that they were detained indefinitely," said MacAdam.
"There were bomb plans found on both the twins."
He said that the State alleged that the twins had continued to try join an organisation that was known for conducting terrorist attacks.
"We do have a strong case," MacAdam said.
"On the device of one of the accused the investigating officer found an official statement relating to a terrorist attack in Paris."
MacAdam introduced a document as evidence which was titled "How to survive in the west".
It had information on how to survive in the Islamic State as well as how to obtain weapons.
Magistrate Du Plessis will hand down his ruling on whether the state will be granted further postponement on 25 January.
Speaking after the postponement, National Prosecuting Authority spokesperson Phindi Louw said: "As the State we remain convinced that the twins have a case to answer to and there are possible links to other organisations. As the State we made an application for a postponement so we can gather further evidence that will be used during the trial".
Louw added: "Much as we understand their frustration, but what's important is that it remains a fact that the investigations are complex. We remain subjecting to conducting a speedy trial, but it's out of our control."