Sanele Goodness May faces 24 murder charges after his truck ploughed into four minibus taxis and two cars at an intersection in Pinetown on September 5.
That night, 22 people were killed. Two more died later.
Last week, Louis Barnard, for May, said the murder charges against him would not stand.
Barnard used the case of Western Cape taxi driver Jacob Humphreys as an example.
Humphreys was charged with 10 counts of murder after jumping a queue of cars and trying to drive through a railway boom in August 2010. Ten children in his taxi died.
He was convicted of murder, but the Supreme Court of Appeal set aside the murder charges in March and replaced them with 10 counts of culpable homicide and cut his 20-year sentence to one of eight years.
Barnard said that, to find May guilty, the court would have to find he was suicidal on the night of the crash.
Arguing that May be granted bail, he told the court there was no evidence linking his client to murder.
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