Suspended head of the Gauteng Health Department Dr Barney Selebano’s urgent application to have a subpoena against him set aside, has been dismissed with costs.

Judge Daniel Berger delivered his ruling a short while ago in the Johannesburg High Court.

Selebano had approached the court to set aside the subpoena ordering him to appear at the Life Esidimeni hearings in Parktown, Johannesburg, to account for his role in the relocation of mentally ill patients.

Judge Berger also dismissed Selebano’s contention that the proceedings were more of a Commission of Enquiry than arbitration.

“I cannot set aside a subpoena on the ground that Selebano may be required to answer a question before Chief Justice Dikgang Moseneke that may later be used to prove a case against him in the disciplinary process. In these circumstances, I find that Dr Selebano has failed to establish a basis, upon which the subpoena can be challenged. The application is therefore dismissed with costs, including the costs consequent upon the employment of two counsels,” says Berger.

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