On Monday, the Johannesburg Magistrates Court found the arrests of Brandon-Lee and Tony-Lee Thulsie were legal because the police had reasonable suspicion of an offence being committed.
The Hawks swooped on the 23-year-old twins, at their homes in Newclare last month on suspicion that they were planning to bomb Jewish and US interests in the country.
Advocate Annelene Van Den Heever applied for an urgent court application to be heard in the High Court today to overturn Monday’s ruling.
However the judge was very critical, saying that the proper procedures were not followed.
The State was only served with the application last night and a single judge cannot overturn a ruling from a lower court.