The woman arrested for the murder of a top Durban surgeon has been allowed to walk free - until police complete their investigation. 

The case against the 31-year-old woman accused of murdering top Durban orthopaedic surgeon Dr Melvin Naidu at a plush Umhlanga hotel was not enrolled at the Durban magistrate's court, where she was expected to appear on Monday. 

The woman, whose identity is known to SowetanLIVE's sister publication TimesLIVE, was initially arrested and faced charges of murder after she allegedly stabbed Naidu following an altercation at the up-market The Capital Pearls on Thursday evening. 

The accused's attorney Ravindra Maniklall informed magistrate Vanitha Armu that the matter would not be heard in court until investigations were completed, pending  a decision with the state.

Maniklall told TimesLIVE he had made representations to all the relevant parties and the state agreed not to enroll the matter until their investigations were complete. 

"We've made representations to the state and they've agreed to drop the case against her on the basis that there is minimal chance of successfully prosecuting her at this point in time. They will continue with their investigations and then decide on the future conduct of the matter," he said. 

The NPA was unable to verify this information with the prosecutor.

TimesLIVE understands that Naidu and the woman had met at the Oyster Box Hotel in Umhlanga where they dined before proceeding to the Capital Pearls where they booked into a room on the 13th floor. 

Guests alerted hotel security after overhearing an argument at about 10pm. Naidu, who was in his boxer shorts and sandals, collapsed outside the blood-splattered hotel room door after he was allegedly stabbed in the neck.

"The suspect was heard screaming for help, followed by the [man] who was also shouting for help.

"A 51-year-old man fell on to the floor outside the room with a stab wound on the neck," said police spokesperson Capt Nqobile Gwala.

The sister of the accused was approached for comment but declined.

Naidu, who was allegedly the subject of a failed hit last year by his brother-in-law, neurosurgeon Dr Anand Rapiti, was cremated in Durban on Monday.