The Jackie Selebi trial was set to hear argument on Tuesday afternoon from lawyers representing the Minister of State Security why a former intelligence official should not be subpoenaed to give evidence.

Minister Siyabonga Cwele on Monday brought an application to prevent ex national intelligence coordinator Barry Gilder from testifying against the former police commissioner.

The application effectively pitted two state entities against one another - not an uncommon scenario in the trial.  

The minister was arguing that if Gilder testified, his evidence would be privileged and classified.
 
The State however disagreed, with prosecutor Gerrie Nel saying that the application was premature.

At the centre of the dispute was a 2005 draft report in which German South African businessman Jurgen Kogl claimed Selebi was taking money from the Kebbles.

Glenn Agliotti alleged that the former police commissioner once showed him the report.