The granting of leave to appeal to South African honeymoon murder accused Shrien Dewani is not a final order against his extradition, the Justice Department has said.
Spokesperson Mthunzi Mhaga said that the matter will still be argued on whether he is extraditable before three judges of the high court.
He added that there is, therefore, no decision against the prosecution on facts, but on legal issue, the Mirror reports.
A panel of three high court judges, headed by the Lord Chief Justice Lord Thomas, ruled that there were outstanding legal issues the court had to decide.
According to the report, Thomas ruled that the case be reopened to consider two key issues, that is, the first related to Dewani's status as 'an accused person' and the second concerned whether it would be 'unjust and oppressive' to extradite Dewani 'regardless of the prognosis' of his mental condition.
Dewani is fighting his removal to South Africa to face trial for his wife Anni's death until he has recovered from mental health problems.
Mhaga said the department believed Dewani should be sent to South Africa to face charges.
