Katlego “Chicken” Mpoku was remanded in custody until January 5.
Police have claimed Mpoku was the last person to be seen with Van Wyk before the toddler’s body was found partially burnt with his head crushed on a mine dump.
“The matter is being referred now to the DPP to study the docket himself, so he can read it carefully, just to make sure whatever decision is made is the correct one,” said National Prosecution Authority spokesperson Nathi Mncube.
“It unfortunately takes longer than a week to make the decision, remember his job is to administer the office of the DPP, not to study dockets as such so he has a lot of other responsibilities and it does seem to take longer than anticipated.”
At the Boksburg court, Cuburne’s grandmother Daphne Fredericks said she didn’t know what to say anymore.
“I have no words. I only hope God will reveal this case, that is the only thing I’m praying for.
“Every time they postpone the case, it hurts me more,” said Fredericks.
Mncube said the DPP would have time before the next appearance to make his decision as this time of the year was quiet.
“It allows him to focus on other special projects like this one.”
Fredericks said all the family wanted to know was the truth of what happened during the three days Mpoku allegedly had their child.