The prosecution indicated to the High Court in Pretoria on Monday that it had decided to provisionally withdraw all charges against Sibiya and Dramat after receiving representations from their legal teams.
The provisional withdrawal means the state can reinstate the charges at any stage.
The prosecution said it was ready to proceed with the case against Maluleke. However‚ Maluleke was not ready to proceed because his attorney has withdrawn from the case.
He had also asked to make representations and get further particulars from the state.
Maluleke will appear in court again on November 12.
After the case was postponed‚ Sibiya said he could not say he was excited because he had expected the matter to be heard and to be given a chance to have his say.
“We were charged in false evidence‚ which is still there. I would have loved if at least the prosecutor had withdrawn the charges permanently because we were not involved in renditions‚” he said.
Dramat declined to comment on the provisional withdrawal of the charges against him.
Ipid spokesman Moses Dlamini said the directorate had recommended to the National Prosecuting Authority as early as 2015 that there was no case against Dramat and Sibiya.