Quoting from the judgment, he said it “speaks for itself” and the prosecution was “the fruits of a poisoned tree”.
“There is no way the prosecution can survive,” he said.
He said the representations to the DPP would be made in the next few days.
But the prosecutor, Hilke Janse van Rensburg, said that an unlawful arrest did not necessarily become an unlawful prosecution and quoted case law to support this.
She said, however, the postponement would be a good opportunity for both teams to study the judgment and the law.
Magistrate Thandi Theledi postponed the matter to March 26, in court 3.
In Thursday’s judgment, Pretoria high court judge Cassim Sardiwalla said the explanation given for the involvement of the Hawks – supposed to deal with serious and high priority crimes – was not sustainable.
“It is clear that this is in fact a domestic dispute between two prominent members of society. However, the offences are not deserving of the high priority of the Hawks,” he said.
Instead, the involvement of the Hawks “speaks to the abuse of power by Mr Gigaba as a former minister in using the state administration for his own personal benefit with an intention to intimidate his wife in a domestic spat,” said Sardiwalla.