The Middelburg Specialised Commercial Crimes Court in Mpumalanga is expected to hand down judgment in the inquiry into the R2.2 billion corruption case against the former Eskom CEO, Matshela Koko and his co-accused.
The inquiry is in relation to an application that Koko and others brought to have the case struck off the roll.
They believe that their arrest was premature because the state is not ready for trial.
They were arrested last year and charged with corruption, fraud and money laundering linked to the building of the Kusile Power Station outside Emalahleni.
Earlier, the investigating officer admitted in court that the investigation is yet to be completed.
He also told the court that three of the accused are currently abroad.
He says there is no extradition application in place to have them brought back to the country.
However, he says an Interpol red notice has been issued for two of them, Sunil Vip and Markus Bruegmann who are in Germany.
The third one Gopal Kambi is in the UK.