The Keetmanshoop Magistrates' Court has struck from the court roll the murder case of Jeffrey Dirks.
Dirks was arrested on Saturday at Keetmanshoop on the allegation that he murdered his 39-year-old girlfriend, Wilhelmina Waterboer.
During court proceedings, the magistrate Agna Manyando questioned the state prosecutor Anna Otto on why the suspect was not brought to court within 48 hours on Monday, as required by the law.
The prosecutor argued that the 48-hour period had not lapsed, as Saturday and Sunday were not court days, and that the period would have expired at three o'clock on Tuesday.
However, the arresting officer, Isak Anton, told the court that the suspect was arrested at around one o'clock in the afternoon on Saturday, and he could not be brought to court on Monday because investigations were not finished.
This included obtaining statements from witnesses who were reportedly too emotional to be questioned at the time.
The court subsequently struck the matter from the roll due to the delay in bringing the suspect before court.
The suspect is expected to be rearrested and brought to court again.
The police report indicated that Dirks and Waterboer were involved in an argument which escalated into a physical fight.
Waterboer was declared dead upon the arrival of an ambulance.
At his arrest, Dirks was reportedly found in possession of cannabis.