The battle to have an intelligence witness testify in former Police Commissioner Jackie Selebi's corruption case is headed for the Supreme Court of Appeal (SCA).
Earlier this week the State Security Agency lodged a petition at the SCA to prevent former national intelligence coordinator Barry Gilder from testifying, National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga said on Wednesday.
"We are studying the papers that were filed with the SCA and we will respond accordingly."
The State Security Ministry wants to challenge Judge Meyer Joffe's decision to compel Gilder to testify at Selebi's trial in the High Court in Johannesburg.
The ministry had argued that his testimony - apparently about a 2005 draft intelligence report which contained one paragraph about allegedly untoward payments that Selebi was receiving from slain mining magnate Brett Kebble - could compromise national security.
Prosecutor Gerrie Nel had insisted the testimony the State wanted from Gilder was already in the public domain.
Mhaga said the petition was not filed on an urgent basis. The SCA's roll was apparently full for the next few months.
"It will affect the running of the trial. It's unfortunate... We had hoped matters would proceed to finality."
The corruption case resumes in the High Court in Johannesburg on February 1.
However, Mhaga said it was "likely" that a postponement would need to be made at that date until the appeal matter was completed. Mhaga said simply dropping the witness from the state's case was not an option.
"We need that evidence. It's very important evidence."
Selebi is facing a count of corruption and another of defeating the ends of justice in connection with at least R1,2-million he allegedly received from convicted drug trafficker Glenn Agliotti, Kebble and ex-Hyundai boss Billy Rautenbach in return for favours. He has pleaded not guilty to all charges.
The investigation into Selebi started in 2006 and the former National Police Commissioner first presented himself to court in 2008.
His trial ran for nearly two months last year, before being postponed on December 1, in light of the legal tussle to make Gilder testify.
EMAIL THIS ARTICLE SAVE THIS ARTICLE FEEDBACK
To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here







