The new public protector says she will leave the dispute over the state capture report prepared by h.
The Pretoria commercial crimes court yesterday dismissed an application by former National Intelligence Agency (NIA) boss Billy Masetlha for a warrant of arrest for Intelligence Minister Ronnie Kasrils, the SABC reported.
Masetlha, software salesman Muziwendoda Kunene and NIA manager for surveillance Funokwakhe Madlala are facing charges of fraud.
The charges relate to alleged hoax e-mails implicating senior ANC members in a conspiracy against former deputy president Jacob Zuma.
Kasrils and ANC secretary-general Kgalema Motlanthe appear on the state's list of possible witnesses.
However, Masetlha's lawyer Neil Tuchten informed the court they were subpoenaed because they had certain documents in their possession.
Motlanthe attended yesterday's proceedings, but Kasrils was represented by his lawyer.
The state argued that the application for Kasrils' arrest was outrageous and that the defence was not entitled to consult witnesses before they completed their testimony for the state. Magistrate Dawie Jacobs ruled that the subpoenas were defective.
He said the defence could obtain the documents by requesting them from the state.
The matter was postponed to September. - Sapa