The 45-year-old man accused of the murder and robbery of a Phoenix mother and her two daughters temporarily abandoned his bail application in the Verulam Family Court on Thursday.
Collin Pillay's lawyer Chris Gounden told the court that the defence was not in a position to proceed with the bail application, because their application for statements, "purportedly made by the accused", was refused during a previous court date.
Gounden said they were considering appealing that ruling by Magistrate Irfaan Khalil, who previously handled the matter.
"The accused is entitled to statements that were purportedly made by him. In the absence of those statements, it won't be proper to proceed with [a] bail application, as the bail application falls within schedule 6 of the bail legislation, which requires the accused to prove exceptional circumstances why he should be released. Hence, we are considering appealing the decision made by Khalil," he told Magistrate Ncumisa Gcolotela, who is now presiding over the case.
Prosecutor Rakesh Singh said the State was still awaiting a DNA report and asked Gcolotela to postpone the matter until November 28 for further investigations.
Pillay will now appear in the Verulam Magistrate's Court during his next appearance. He remains in custody at Westville Prison.
He is charged with the murder and robbery of Jane Govindsamy, 44, and the murders of her daughters Rackelle, 16, and Denisha, 22.
Govindsamy's husband found the bodies of his wife and Rackelle on the morning of September 21. Denisha's body was later found in a cupboard. They were murdered at their home in Tashmeer Mansions, Phoenix.
A handful of people who were outside court chanted "No bail" while Pillay's case proceeded in court.
Pillay covered his face with his hands when he was being photographed by members of the media who attended the trial.