Eyewitness News has learnt State Security Minister Siyabonga Cwele has lost his Supreme Court of Appeal application regarding the testimony of a former spy boss in the Jackie Selebi trial.
Cwele turned to the SCA after Judge Meyer Joffe ruled ex-intelligence official Barry Gilder must take the stand against the former police chief.
This means Gilder must take the stand in the South Gauteng High Court but will have to be re-subpoenaed by prosecutors.
The minister could attempt to petition the Constitutional Court.
Selebi is back in court on Monday morning, the trial is expected to be postponed again as a result of the delay around Gilder’s testimony.