Durban - A Durban High Court judge is expected to deliver a decision of whether kidnapping and murder charges against Miguel Louw murder accused will be dropped on Monday.
Mohamed Vahed Ebrahim has been charged with the murder of Louw who went missing in July 2018.
His attorney applied for a Section 174 discharge Criminal Procedure Act 51 of 1977.
If successful Ebrahim will be acquitted on all charges. If unsuccessful the defence will have to proceed with their case.
Miguel was last seen in the presence of Ebrahim at a local eatery near his home.
The grade four pupil's decomposed body was found in a shallow grave near Ebrahim's Phoenix home two months later.
The 44-year-old has pleaded not guilty to charges of theft, kidnapping and murder.
In December the State closed its case.
In a two-page indictment, the State alleges that Ebrahim who lives in Longbury Phoenix occasionally lived at Miguel's home in Sydenham and performed odd jobs around their home.
It further states that prior to the incident, Ebrahim and Miguel's mother had an argument.
"As a result, the accused decided to kill the deceased in order to exact revenge on the deceased's mother," said the State in the indictment.
During her evidence-in-chief Miguel's mother Raylene testified that Ebrahim had been friends even after she was fired from her job at a local butchery where they both had worked together.
"We met at the butchery... He was promoted to manager and I was fired for no reason. He said he would help me and take me to CCMA," said Louw.