The assault case against EFF MP Naledi Chirwa was not enrolled at the Hatfield Magistrate’s Court on Monday because the police investigation is incomplete.
Chirwa has also publicly named the senior officer she says assaulted her at Brooklyn Police Station in Pretoria.
She identified him as Colonel Dintwe.
Chirwa, 33, was arrested last Thursday night, 8 October, after an alleged altercation at the station. She was released on a warning later that night.
Police say the trouble started over an affidavit.
SAPS national spokesperson Brigadier Athlenda Mathe said preliminary reports showed that Chirwa asked officers to commission an affidavit she had already signed.
She was told that, under prescribed procedure, an affidavit must be signed in front of a commissioner of oaths.
According to Mathe, Chirwa was unhappy with the explanation. A commotion followed, during which she allegedly assaulted a police officer.
Chirwa tells a different story.
In a statement on social media, she said Dintwe assaulted her after she demanded service. She said she had tried to film him as he refused to help her and turned her away.
She said she was only able to open an assault case against him on Saturday, after two attempts over two days.
Chirwa accused the colonel of then laying a charge against her, detaining her again and involving the media. She said he did this to protect himself and “control the narrative”.
She said she sought medical treatment for her injuries.
The EFF has backed her. The party says she was unlawfully detained, denied services and mistreated at the station.
None of the allegations on either side have been tested in court.
It was not clear on Monday when Chirwa would return to court, or what investigative steps are still outstanding.
Regulations under the Justices of the Peace and Commissioners of Oaths Act require a person making an affidavit to sign it in the presence of the commissioner.