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Johannesburg - Former top cop Jackie Selebi's corruption case was delayed on Monday when the state security ministry said it was applying to the Constitutional Court to prevent an ex intelligence official from testifying.
This came after the Supreme Court of Appeal on Friday dismissed an application to prevent ex intelligence official Barry Gilder from testifying.
"We've received an instruction from our clients to appeal against the court ruling," said Hamilton Maenetje, a lawyer representing the ministry.
The ministry had argued that forcing Gilder to testify could set a precedent - with serious constitutional ramifications - where intelligence information could be compromised.
But prosecutor Gerrie Nel said the testimony wanted from Gilder would cover information already in the public domain as several witnesses had already mentioned it in their testimony.
Selebi, who cut a lone figure in the witness room outside Court 4B on Monday morning, faces a count of corruption and another of defeating the ends of justice in connection with some R1.2m he allegedly received from convicted drug trafficker Glenn Agliotti, Kebble and ex-Hyundai boss Billy Rautenbach in return for favours.
The ministry is expected to file papers by 14:00 on February 8. The State would then file its answering affidavit on February 12. The case was postponed to March 1.
Selebi is facing a count of corruption and another of defeating the ends of justice in connection with some R1.2m he allegedly received from convicted drug trafficker Glenn Agliotti, slain mining magnate Brett Kebble and ex-Hyundai boss Billy Rautenbach in return for favours.
He has pleaded not guilty to all charges.
This came after the Supreme Court of Appeal on Friday dismissed an application to prevent ex intelligence official Barry Gilder from testifying.
"We've received an instruction from our clients to appeal against the court ruling," said Hamilton Maenetje, a lawyer representing the ministry.
The ministry had argued that forcing Gilder to testify could set a precedent - with serious constitutional ramifications - where intelligence information could be compromised.
But prosecutor Gerrie Nel said the testimony wanted from Gilder would cover information already in the public domain as several witnesses had already mentioned it in their testimony.
Selebi, who cut a lone figure in the witness room outside Court 4B on Monday morning, faces a count of corruption and another of defeating the ends of justice in connection with some R1.2m he allegedly received from convicted drug trafficker Glenn Agliotti, Kebble and ex-Hyundai boss Billy Rautenbach in return for favours.
The ministry is expected to file papers by 14:00 on February 8. The State would then file its answering affidavit on February 12. The case was postponed to March 1.
Selebi is facing a count of corruption and another of defeating the ends of justice in connection with some R1.2m he allegedly received from convicted drug trafficker Glenn Agliotti, slain mining magnate Brett Kebble and ex-Hyundai boss Billy Rautenbach in return for favours.
He has pleaded not guilty to all charges.
