752 2014.08.12 Lindray Khakhu appeared in court today on charges of murder of a 3 year old boy Luke Tibbetts in Westbury, the boy was on his mother lap in the car when he was shot. Picture: Bhekikhaya Mabaso

Johannesburg - The man who allegedly fatally shot three-year-old Luke Tibbetts briefly appeared in the Newlands Magistrate's Court in Johannesburg on Friday.

It was expected that 24-year-old Lindray Khakhu would formally apply for bail, but Magistrate Koos Pretorius was told there would be no bail application.

Prosecutor Dion van Wyk said Khakhu's lawyer Rowen Meth had withdrawn as Khakhu's representative, and the matter would be transferred to the High Court in Johannesburg. Khakhu would appear again on September 3.

Khakhu, wearing a black jacket, red hoodie, and jeans, was to be brought before the high court later on Friday in a separate matter.

Upon Pretorius ruling that the case be transferred, Khakhu showed the “call me” gesture with his right hand to family in the full public gallery as he left the dock.

Khakhu and Keenan Mokoena, 28, allegedly had an argument after which Mokoena pointed a gun at him on August 2.

Khakhu allegedly fired shots at Mokoena and a stray bullet hit Tibbetts, who was in his mother's car passing by.

Tibbetts died in hospital on August 8 and had been on life support machines.

On August 18, Mokoena was denied bail and was expected back in court on September 3.