The trial of three men accused of reggae icon Lucky Dube's murder was postponed in the Johannesburg High Court on Tuesday.
The court needed time to consider certain issues before making a ruling on the trial-within-a-trial.
"Regrettably, the court is unable to give a ruling today, there are certain aspects that the court has to consider. For that reason the matter has been postponed to Wednesday," said Judge Seun Moshidi.
All three of the accused will be remanded in custody until then.
Last week, Moshidi granted an application for a trial-within-a-trial by the defence counsel after they raised three concerns.
The first was the possibility that a state witness might have seen the three accused when they appeared for the first time in the Johannesburg Magistrate's Court on October 23, 2007.
Secondly, that the accused had no legal representation when an identity parade was held.
Lastly, that they were not informed in time about an identity parade held on October 29, 2007.
During proceedings of the trial-within-a-trial, counsel for one of the accused Julius Gxowa said the identity parade was flawed and should be ruled inadmissible.
He also argued that photographs might have been taken at the first appearance of the accused in court.
"Because cameras were not in court does not mean that photos are not taken."
However, Judge Seun Moshidi asked for tangible proof which the defence failed to present.
"Where is concrete, tangible proof, that here are the photos?"
He also said that it was speculative argument that another witness, Siphiwe Mlaba who was allegedly hijacked by the three accused, was in court.
An investigator into Dube's murder testified Mlaba was never in court and that he and a court orderly made sure that there were no photographs taken.
Regarding an argument that the accused did not fully understand their rights and therefore could not request legal representation, Judge Moshidi said it was up to the accused to organise their own matters after they were informed of their rights.
Evidence was submitted that a magistrate had informed the men of their rights when they appeared in court.
The defence answered that: "They might have relaxed because they weren't given a date for the identity parade."
On Monday, Gxowa testified that they were not allowed to make phone calls or have visitors.
He also claimed they could not secure legal representation because they were not allowed to make phone calls.
However, this was disputed by Captain Wiseman Siphungu and his colleague Mphikeleli Vana, who was present at the identity parade, who said that would have been a unique situation.
Gxowa, Mbuti Mabe and Sifiso Mhlanga, all in their thirties, are on trial for allegedly killing Dube outside his brother's house in Rosettenville, south of Johannesburg, on October 18, 2007.
They face a charge of murder, two charges of aggravated robbery, one count of attempted aggravated robbery, and two counts of the illegal possession of a firearm and ammunition. - Sapa