A policeman accused of shooting dead a robber at a Durban fast food outlet appeared in the Pinetown Magistrate's Court on Wednesday.
The matter was postponed to May 7 for the director of public prosecutions to make a decision on which court would hear the matter.
Captain Justice Dladla, 42, reportedly shot dead the robber after he opened fire in a Kentucky Fried Chicken outlet in New Germany, Durban, in October.
One of his colleagues was killed in the robbery and another was critically injured.
The Independent Police Investigative Directorate (Ipid) laid charges of murder and defeating the ends of justice against the policeman.
Ipid spokesman Moses Dlamini said: "At the time, it was reported that the [robber] was shooting at the police captain. An investigation was conducted and it has revealed that this version was false."
The officer, a father of five, is out on a warning.