Suspended Gauteng department of health Head of Department Barney Selebano’s urgent high-court bid to challenge the subpoena forcing him to appear at the Life Esidimeni hearings has been postponed until Wednesday.

Johannesburg High Court Judge Daniel Berger said he was postponing the matter because he had two other urgent matters to hear in detail on Tuesday.

The case will start Wednesday at 10am‚ and will be televised – as permission has been given by Berger for television cameras in court.

The health ombudsman‚ Malegapuru Makgoba‚ found that Selebano was one of three officials whose fingerprints were “peppered throughout” the Life Esidimeni project that led to the deaths of 143 mentally ill patients.

Selebano has been subpoenaed to appear at the Esidimeni hearings on the 4th of December.

Premier David Makhura‚ Gauteng Health MEC Gwen Ramakgopa and the hearing judge‚ former Deputy Chief Justice Dikgang Moseneke‚ are cited as respondents in Selebano’s application.

As he left court‚ Selebano was surrounded by journalists‚ but didn’t answer questions.

His lawyer whispered‚ “No comment.”

ENCA reporter Siki Mdingi asked Selebano if he had a comment on the Esidimeni proceedings‚ as his “name had come up often”. Another reporter asked if he any comment at all. Selebano merely shook his head.

After the journalists departed‚ Selebano had coffee with his six-member legal team in a restaurant near the Johannesburg High Court.

Selebano has argued that in terms of the Arbitration Act‚ the Esidimeni hearings are not technically arbitration hearings‚ as there is no dispute between the parties – and therefore‚ there is no legal basis to subpoena him.

An arbitration is usually to clear up a dispute‚ his papers claim.

In this case‚ the Gauteng department of health has conceded that the state was negligent in the actions that led to the deaths of 143 mentally ill patients.

The arbitration is to give emotional and financial closure to victims’ families.

Selebano has also made a technical argument‚ that the subpoena was sent from the wrong court.

He is also arguing that he may face criminal proceedings‚ and thus has a right to a fair trial – so he should not to be forced to testify in the hearings and give “self-incriminating” evidence.

Makgabo Manamela’s lawyer‚ Lerato Mashilane‚ raised the same argument when asking for a postponement of the former Gauteng director of mental health’s testimony‚ but it was dismissed at the Esidimeni hearings.

Section 27 advocate Adila Hassim responded that Manamela had not yet been criminally charged‚ and therefore couldn’t argue that appearing at the hearings would compromise her right to a fair trial.