The National Prosecution Authority (NPA) on Monday said it would not comment on its intention to prosecute a dead man in a case concerning On Point Engineers' alleged tender fraud.
News24 previously reported that in a response to lobby group AfriForum, the NPA said it had decided to arraign four parties, including On Point Engineers and Thomas Rasethaba who is apparently dead.
In the correspondence, the NPA said the parties were being charged "for having misrepresented to the Limpopo Department of Roads and Transport in the award of the tender of over R51m".
The On Point Engineers tender scandal involves EFF leader Julius Malema who is alleged to have benefited from the irregularly awarded tender.
The NPA has declined to prosecute Malema at this stage.
On Monday, the family of Rasethaba spoke to Bongani Bingwa on Talk Radio 702, saying he had died and they had not been informed by the NPA on whether he would be charged.
NPA Gauteng spokesperson Phindi Mjonondwane said it could not comment on the issue until it was heard in court.
Mjonondwane, however, added: "If a person is before court and they die, then charges are officially withdrawn in court. If the person was not yet informed of the charges against them, then the person will obviously not be charged as charges cannot be brought to their attention.
"This is of course subject to confirmation of death by way of a death certificate, then charges are officially withdrawn in court again."
The case is due in court soon.