Counsel for State Security Minister, Siyabonga Cwele, says it will only file papers with the Constitutional Court tomorrow due to logistical problems. The Ministry is petitioning the Constitutional Court after losing its leave to appeal application in the Supreme Court of Appeal.

The appeal intends to block the former spy boss Barry Gilder from testifying in camera in the Jackie Selebi corruption trial. Gilder is expected to testify on a 2005 intelligence draft report which alleges that Selebi received corrupt payments from Kebble.

The prosecution believes Gilder's testimony is crucial to the trial. But the ministry insists this could jeopardise state intelligence. The action has put a spanner in the works for the Selebi trial that has been put on hold once again. The trial has been postponed to March 1.