Police National Commissioner Jackie Selebi’s legal team were on Monday waiting for a date for a hearing for his application to stop the investigation against him, after last week’s attempt to have it heard urgently failed.
”The judge president must provide a date for a full bench,” said Selebi’s advocate Jaap Cilliers.
Selebi stepped down from his post on Saturday and resigned as head of Interpol on Sunday.
On Friday, the Pretoria High Court did not grant Selebi’s application to have the matter heard urgently and it was struck off the roll, but the parties will arrange a date for the actual argument.
In Selebi’s notice of motion, he had wanted to ask for an interdict prohibiting the Directorate of Special Operations (the Scorpions) and the Ministry of Justice and Constitutional Development from instituting any criminal prosecution against him, or taking any further steps in any envisaged criminal prosecution.
He also wanted a copy of the allegations against him and an opportunity to answer them, to see copies of information justifying warrants of arrest issued against him, and copies of affidavits relating to him.
In court papers, the acting National Director of Public Prosecutions Mokotedi Mpshe said the National Prosecuting Authority (NPA) was ready to charge Selebi with corruption and defeating the course of justice.
Alleged corrupt relations with murder accused Glen Agliotti, payments to the amount of R1,2-million and turning a blind eye to drug smuggling were some of the reasons why they wanted to charge him, the court heard.
”The charges against him are based on a strong prima facie case supported by the testimony of a range of witnesses and corroborated by real evidence,” Mpshe said.
The NPA said it would meet this week to discuss how to proceed with the case.
On Monday, NPA spokesperson Tlali Tlali said the options were either to go ahead with the Selebi matter regardless of Selebi’s outstanding application, or to wait for the court to pronounce on Selebi’s pending application.
The NPA has said it would let Selebi know when it planned to make a move.
”He will not be cuffed,” said Tlali.
Cilliers said on Monday morning that as far as he knew, Selebi had not yet received notice that he would be wanted in court.
Meanwhile, Gerrie Nel, the lead investigator in the Selebi case, will return to the Pretoria High Court on Monday after his arrest last Tuesday night on charges including corruption and defeating the ends of justice.
He led the investigations into the shooting of corrupt mining magnate Brett Kebble and Selebi.
On Wednesday his legal team brought an urgent application to the court to secure his release.
It was postponed indefinitely, giving his team a chance to bring a late afternoon bail application. He was released on R10 000 bail and the case against him was postponed to Monday.
As to how this would affect the Selebi investigation, Tlali said: ”His position and his status in the team has not changed.”
Meanwhile, Jacob Zuma used his first press conference as president of the African National Congress to criticise the NPA for making public announcements and naming people in cases which were yet to go to court. – Sapa