The diplomat involved in a fatal car accident in Fiji has been named as Theodorus Mostert, who is the corporate services manager at the South Africa High Commission.
He was involved in an accident in Suva last weekend in which 26-year-old Ashneel Singh died.
The Fiji police released Mr Mostert according to the Vienna Convention, which grants immunity for diplomats.
The charges d'affairs of the South African High Commission in Suva, Velelo Kwepile, says he met the Fiji Foreign Affairs ministry and the matter has been referred to the South African government in Pretoria.
"I have informed my head office, I sent a cable and then they have responded to me that it has been referred to our legal division. So it's going to be process and then I'll be able to inform the Minister of Foreign Affairs in Suva here."
Under the Vienna Convention, South Africa could waive his immunity, paving the way for Mr Mostert to be investigated and possibly charged by Fiji police.