The Democratic Alliance (DA) has laid a complaint at a Free State police station against Ace Magashule, claiming the former premier "failed" to report knowledge of an alleged murder.

DA Free State MPL Roy Jankielsohn on Tuesday laid the the criminal complaint at Parys police station under a section of the inquest act for comments Magashule made at a funeral earlier this year.

"Earlier this year, Magashule alleged that the former Head of Department, Mr Sandile Msibi, died as a result of poisoning," Jankielsohn said in a statement on Tuesday.

"Failure to report a suspicious death to the police is a criminal offence."

Magashule made the allegation public at the funeral of Msibi, a key ally, City Press reported in January.

He claimed that Msibi, who was the head of the police, roads and transport department, was poisoned, and that he sought President Jacob Zuma's help to get him to Russia for treatment.

Jankielsohn on Tuesday said the DA submitted a written question to the then premier, asking him whether an autopsy was conducted to identify the cause of death, and whether he reported the matter of suspicion to the South African Police Service (SAPS).

"Magashule replied that these comments were made at a private event and, as such, are not subject to oversight by the Legislature," Jankielsohn said.

"We formally objected to the reply in writing to the Speaker of the Legislature, Ms Mamiki Qabathe, to which we have not received a response to date."

Jankielsohn said another reply by the Minister of Police revealed the alleged murder was not reported, but that an inquiry case docket had been opened.

"If Mr Msibi is found to indeed have been the victim of fatal poisoning, Magashule would be guilty of obstructing the course of justice by failure to report his suspicions with his supporting evidence to the police," Jankielsohn charged.

If he was not, Magashule would have used the funeral to "grandstand" and create alarm, he accused.

He said a false accusation only adds to the fear and factional distrust in the Free State government following other incidents of alleged kidnapping, torture and murder.

According to the Inquest Act, a person who fails to report knowledge of a murder under certain provisions can be found guilty of an offence and liable on conviction to a fine not exceeding R1 000.