An urgent application made by suspended Gauteng health department head Tiego Ephraim Selebano to set aside a subpoena to appear before the Esidimeni hearings has been dismissed with costs
More than 100 people died after the department moved them from Life Esidimeni hospital and other facilities to illegal non-governmental organisations.
Selebano went to court over a subpoena requesting him to appear at the arbitration hearings. In papers filed in the South Gauteng High Court he claimed that he feared incriminating himself.
Selebano’s attorneys told Judge Daniel Berger that they intended to appeal the ruling.
In his ruling, Berger said: “I have no doubt that the arbitrator considers Selebano’s evidence as important for the hearings. As the head of health, it would be astonishing if he had no evidence to contribute to the arbitration.”
Berger said the subpoena was issued properly.
The court excused Selebano from appearing at the hearings until judgment was handed down.
The application was lodged against Gauteng Premier David Makhura and health MEC Gwen Ramokgopa, who issued the subpoena requesting Selebano to appear before Justice Dikgang Moseneke on December 4. – News24