The National Prosecuting Authority (NPA) has filed papers at the Supreme Court of Appeal (SCA) for leave to appeal against a ruling ordering it to hand over documents to suspended police national commissioner Jackie Selebi.
On Monday a court official confirmed the application was handed in late last week.
The SCA President, Judge Lex Mpati, was expected to decide on the application within the next few days.
Earlier this year the High Court in Johannesburg refused the NPA leave to appeal against a ruling that it hand over documents requested by Selebi to prepare his defence. The NPA was now petitioning the SCA directly for leave to appeal.
The High Court in Johannesburg ruled in favour of Selebi in February when he sought access to certain documents, such as bank statements and a diary, to counter the charges of corruption and defeating the ends of justice he would face at his trial, which would start on April 14.
The NPA’s view was that they had given him what they were legally entitled to hand over.
Selebi allegedly received payments from murdered mining entrepreneur Brett Kebble, via convicted drug trafficker Glenn Agliotti, currently an accused in Kebble’s murder.
Selebi claims he was being framed in an attempt by the NPA’s investigative unit, the Scorpions, to avoid their pending departure from the NPA and amalgamation with the police under the department of safety and security.
In court papers Selebi claimed the NPA wanted to highlight the need for an investigative unit separate from the police.
The NPA said in a statement the Johannesburg judgement raised significant constitutional and other legal issues, and it was imperative that it be appealed as the NPA believed it had a real prospect of success. — Sapa