Cape Town - Limpopo businessman Rameez Patel's legal team will approach the Supreme Court of Appeal after their application to have the murder charges against him dropped was dismissed last month. Patel is accused of murdering his wife Fatima.
Defence counsel Johann Engelbrecht and advocate Meschak Thipe had contended that some of the witnesses had not been properly sworn in.
In its judgment on the discharge application, the Polokwane High Court found that a prima facie case against Patel had been established, even without the evidence of those witnesses.
Thipe told Judge Makgutla Semenya on Tuesday that the defence was considering approaching the SCA and possibly even the Constitutional Court to have the discharge judgment overturned.
The case has been postponed until April 2, so that the defence could consult with Judge President Ephraim Makgoba about a possible date for the appeal to be heard.
Fatima Patel was shot and strangled in 2015 in an attack her husband blamed on an intruder.
Patel is also accused of his mother's murder. Mahejeen Banu Patel, 51, was at her home in Nirvana, near Polokwane, with her domestic worker when an armed man opened fire on them in September 2017.
In July 2018, Rameez's brother Razeen survived a shooting a day before he was due to testify for the state in Fatima's murder case. He fled to Britain after the shooting but returned in November to testify for the State.
According to Razeen, his brother confessed to killing Fatima and even gave him a box of what he believed was physical evidence to hide. He said that Rameez later collected the box from him again.