The State Security Ministry has petitioned the Constitutional Court to prevent a former intelligence official from testifying in the corruption trial of former police national commissioner Jackie Selebi, its lawyers said on Tuesday.
Vanessa Naidoo, of Cheadle, Thomson and Haysom, said the papers were filed at the Constitutional Court in Johannesburg at 11am on Tuesday.
“Yes, the papers have just been filed,” she said.
However, she could not elaborate and her boss, Shamima Gaibie, was not available to comment.
The ministry wants the court to overturn a ruling by Judge Meyer Joffe in the South Gauteng High Court in Johannesburg that Barry Gilder should testify in the former top cop’s trial.
A similar bid was dismissed by the Supreme Court of Appeal on January 29.
Should the Constitutional Court dismiss the latest bid, Gilder will be required to testify about a 2005 draft intelligence report containing a single paragraph about allegedly untoward payments Selebi was receiving from slain mining magnate Brett Kebble.
Gilder’s testimony, according to the ministry, could set a precedent — with serious constitutional ramifications — where intelligence information could be compromised.
However, the state maintains that Gilder’s testimony will cover information already in the public domain, as several witnesses have already mentioned it in their testimony.
The state was expected to file responding affidavits on Friday.
Selebi faces a count of corruption and another of defeating the ends of justice in connection with about R1,2-million he allegedly received from Kebble, convicted drug trafficker Glenn Agliotti and former Hyundai boss Billy Rautenbach in return for favours.
He has pleaded not guilty to all charges.
His case is expected to resume on March 1. — Sapa