The State has withdrawn charges against the former head of the Hawks, Anwa Dramat, and Gauteng Hawks Head, Shadrack Sibiya.
State advocate, George Baloyi, says the charges were provisionally withdrawn based on the representations they have made to the State.
The charges against the third accused captain Lesley Maluleka were however not withdrawn and the case will continue against him.
He is now facing 16 charges of kidnapping, contravention of the immigration act and defeating the ends of justice.
The charges relate to repatriation of a Zimbabwean national in 2010.
The case has been postponed to next month to allow Maluleka to make representations as to why he should not be prosecuted.
However, the Independent Police Investigations Directorate says the provisional withdrawal of charges against Dramat and Sibiya vindicates their initial recommendation to withdraw charges against the two.
IPID spokesperson Moses Dlamini, who was at court, says the recommendations made in 2015 were correct.
“Our recommendations in 2015 were correct and the NPA should never have proceeded with the charges against General Sibiya and Dramat”.