Prosecutor Meera Naidu did not appear in the Durban Regional Court on Monday in the case against Shauwn Mpisane, who is accused of inflating the invoices of her company Zikhulise Cleaning, Maintenance, and Transport CC by R4.7 million in an attempt to cut her tax bill.
Arno Rossouw appeared for the State instead.
He sought a postponement to familiarise himself with the case.
He told magistrate Blessing Msani that while the accused was entitled to a fair trial, so was the State.
Rossouw said that even if Msani did not grant the adjournment, the State would not withdraw the case against Mpisane.
National Prosecuting Authority spokeswoman Natasha Ramkisson said on Sunday that Naidu had been issued with a notice of intention to suspend her, and that she had been given an opportunity to explain why she should not be suspended.
Ramkisson said a decision still had to be taken on whether to suspend her. She said Naidu had been accused of “impropriety”.
Naidu was also the lead prosecutor in a case in the Pinetown Regional Court in which Mpisane is accused of interfering with a State witness. Naidu has also been removed from this case.
The case of inflating invoices was postponed on July 22 to allow the NPA time to respond to representations made by Mpisane’s legal team about the prosecution’s conduct.
On July 22, Mpisane’s counsel Rafik Bhana told the court the postponement was also needed because lawyers from the SA Revenue Service had said they wanted to respond to accusations made in a representation by Mpisane.