The case of former spy boss Billy Masetlha was rolled over to Thursday because some of the assessors in the case could not make it to court.
Chief state prosecutor Matric Luphondo said the disruption of public transport due to the public-service strike meant that some of the assessors could not reach work.
The case would continue on Thursday, he said.
Masetlha is accused of contravening the Provisional Oversight Act by withholding evidence from Inspector General Zolile Ngcakani about the surveillance of businessman Saki Macozoma.
In 2005, Macozoma found out that he was under surveillance and told Intelligence Minister Ronnie Kasrils about this.
State witness Imtiaz Faizel, chief operating officer at the inspector general’s office, was part of a task team investigating why Macozoma was placed under surveillance.
Faizel said the team was tasked with investigating these allegations.
As Masetlha was part of the top management in NIA, he was requested to provide the team with information as to who authorised the surveillance into Macozoma.
Faizel said the team learnt, through interviews from management, that Masetlha had personal information that Macozoma and a foreign spy had met before and knew each other.
Faizel said this information was critical to the investigation, and Masetlha was asked to put it in writing.
After a series of letters between Masetlha and the NIA, Faizel said it was decided that Masetlha should be interviewed as the information they required was not forthcoming.
In turn, Masetlha wanted access to his office at the NIA without supervision and requested that lawyers be present at his interview.
Faizel said the interview never took place as Masetlha’s conditions were denied because of security concerns, he said.
The court also heard that Masetlha called the investigation against him ”unlawful”.
Faizel said Masetlha’s actions were ”evasive tactics” as the provisions of the oversight, under which Masetlha was being investigated, were clear and could not confuse anyone.
Luphondo said Thursday’s court proceedings would probably involve closing arguments. – Sapa