When a matter is struck from the roll, it is tantamount to the charges being withdrawn. Charges may be reinstituted only with the written consent of the Western Cape directorate of public prosecutions .

Powell was arrested on January 22 with gang boss Igshaan Davids, also known as “Sanie American", in the car with him.

It is alleged that Powell tried to avoid arrest by speeding away, which resulted in the additional charges of reckless driving and defeating the ends of justice.

Davids is to appear in the Cape Town Magistrate’s Court on June 23, on two car theft charges.

At yesterday’s proceedings — Powell’s third appearance — before magistrate Den Ngoqo, prosecutor Silvino Pillay told the court Powell’s docket was forwarded to the directorate on May 8 for a decision on whether to prosecute Powell and, if so, on what charges.

He said no decision had yet been conveyed to him, nor was the docket at court, as it was supposed to be. Pillay asked for a third postponement to await both the docket and the directorate’s decision.

Defence attorney Joe Weeber objected to the postponement, saying the case was not complicated, nor was there anything “sinister or ulterior" in the charges.

Ngoqo said he could not allow the state another postponement, which obliged him to remove the case from the roll.

Although Powell said he felt relieved, striking the charges off the roll did not resolve the issue .

“I do feel this was a miscarriage of justice, and I am taking legal advice about further legal action." Sapa

With acknowledgements to Sapa and Business Day.