EFF leader Julius Malema and his co-accused Lesiba Gwangwa's fraud case has been struck off the roll.

Judge Billy Motlhe said that Malema and Gwangwa have been waiting with "a sword hanging over their heads" for too long and that he is not willing to be responsible for the wait to continue on his watch.

This comes after Kagiso Dichabe's defense applied for a postponement of the case as their client is unavailable due to an illness.

Malema, Gwangwa and the state have made it clear that they are ready for the trial to start as it has been going on for too long.

"The case is not over, but you are free to go," said Judge Motlhe to a smiling Malema.

Judge Motlhe said that the same Dichabe was behind the initial postponement back in 2012.

The judge however made it clear to Malema and Gwangwa that this is in no way an acquittal as the state may, at a later stage, decide to recharge them.

Malema, addressing supporters outside the Polokwane High Court, said he understands that the state can, at anytime, reinstate the charges against him.

"On Thursday I will be in Parliament and Zuma (President Jacob Zuma) will know us better.

"But because we are dealing with dogs, they will manufacture something new," said Malema.