The new public protector says she will leave the dispute over the state capture report prepared by h.
National Police Commissioner Jackie Selebi's legal team was yesterday waiting for a date for the hearing of his application to stop the investigation against him.
"The judge president must provide a date for a full bench," said Jaap Cilliers, advocate for Selebi, who has gone on leave and has resigned as head of Interpol.
On Friday the Pretoria high court dismissed Selebi's application to have the matter heard urgently and it was struck off the roll as an urgent matter, but the parties will arrange a date for the actual argument.
In Selebi's notice of motion, he asked for an interdict prohibiting the Directorate of Special Operations - the Scorpions - and the Justice Ministry from instituting any criminal prosecution against him, or taking any steps in 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 director of public prosecutions, Mokotedi Mpshe, said the NPA was ready to charge Selebi with corruption and defeating the course of justice.
Alleged corrupt relations with murder accused Glen Agliotti, payments amounting to R1,2 million and turning a blind eye to drug smuggling were some of the reasons why the NPA 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.
NPA spokesman 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 yesterday Selebi had not yet received notice that he would be wanted in court.
Meanwhile, the charges against Gerrie Nel, the Gauteng head of the Scorpions, were withdrawn yesterday. - Sapa