Murder charges against Harry Gwala District mayor Mluleki Ndobe have been provisionally withdrawn, the Umzimkhulu Magistrates Court heard on Monday. 

The State cited insufficient evidence as a reason for the withdrawal. Ndobe and his family were emotional and jubilant outside court.

Ndobe was arrested last week in connection with the 2017 murder of former ANC Youth League (ANCYL) secretary Sindiso Magaqa.

Ndobe, 44, Sbonelo Myeza, 39, Mbulelo Mbofana, 34, and Zweliphansi Skhosana, 48, appeared on Monday in the small-town court amid heightened security.

The four each faced one count of murder and two of attempted murder.

During his first appearance last week, Ndobe, who is third on the ANC's provincial list, did not plead and the matter had been postponed to March 25 for a formal bail application.

Magaqa died in hospital in September 2017, around two months after he was shot in Umzimkhulu.

Umzimkhulu councillors, Nonsikelelo Mafa and Jabu Mzizi-Msiya, sustained gunshot wounds on the day of Magaqa's ambush.

At the same, the ANC in KZN welcomed the withdrawal of the charges, saying it respected the rule of law and would abide by the decisions taken by the court.

"If the court saw it fit to withdraw the charges, we welcome it, but we call on the law enforcement agencies to get to the bottom of the matter speeding," said the party's spokesperson Nomagugu Simelani-Zulu.

Simelani-Zulu said that law enforcers should, however, gather evidence first next time, before affecting any arrests.

It is not yet clear what this means for Ndobe, and if he has now been cleared to campaign for the party or participate in normal council activities.