Disgraced former top cop Jackie Selebi may be arrested in his hospital bed after his lawyers failed to secure a delay in the deadline for his incarceration.
A meeting between Selebi’s lawyers and the Chief Registrar of the Johannesburg High Court, Viven Pather, did not end with the court agreeing to allow the former police commissioner to convalesce for another week before having to report to prison.
Selebi’s counsel Wynanda Coetzee and an associate arrived at the court early this morning and presented a medical certificate to the chief registrar, showing that their client was sick.
However, the evidence was not accepted by the registrar.
Coetzee told The Star that the meeting was “not fruitful”.
Coetzee said the registrar told them that he was going to deal with the Selebi matter “in the normal course of the law”.
She declined to divulge the medical condition Selebi was suffering from. She said his family had asked that his health matters be kept confidential. However a source close to the family, who has asked not to be named, said Selebi suffered a suspected stroke.
This morning Talk Radio 702 reported that he was also on dialysis because of his diabetes, and might need a kidney transplant.
Pather said his office was dealing with the matter and would not confirm that he would be executing a warrant for Selebi’s arrest.
However, in terms of standard court protocol, Pather is now entitled to issue a warrant for Selebi’s arrest following his failure to report to Correctional Services within the 48-hour period stipulated by the Supreme Court of Appeal.
Pather is expected to send an investigating officer to the Jakaranda Hospital in Pretoria to satisfy him or herself as to the medical condition of Selebi before executing the warrant.
If they decide to go ahead with the arrest, Selebi will be taken from the hospital to a medical care facility falling under Correctional Services.
Selebi’s lawyers hope that the national Correctional Services commissioner Tom Moyane might deal sympathetically with their application.
They hope to have a meeting with Moyane later today.
Moyane and his spokespeople Sibongile Khumalo and Simphiwe Kondleka failed to answer calls from The Star.
Justice spokesman Tlali Tlali did not respond to e-mail requests and NPA spokesman Mthunzi Mhaga said that they would not comment on the matter as it did not fall within their ambit.
On Friday the Supreme Court of Appeal in Bloemfontein ruled that the Johannesburg High Court had been correct in finding that Selebi had received payments from convicted drug trafficker Glenn Agliotti.
He was given 48 hours to report to Correctional Services.
But Selebi, 61, collapsed at his home and was taken to hospital, where he is under guard. The Star understands that a decision can be taken by the chief registrar within hours of the representation – but it would depend on the reasons given for Selebi’s inability to comply.
The source close to the family said Selebi’s lawyers had gone to a correctional centre in Pretoria North to explain his condition, but were not helped.
Yesterday Moyane said his department was ready to accommodate Selebi in any one of its 243 correctional facilities.
“We understand he is sick, but if his health improves, we would be ready to accommodate him,” Moyane said.
Asset Forfeiture Unit head Willie Hofmeyr told SABC radio news that the money paid to Selebi amounted to about R165 000.
“We’ve already obtained a confiscation order. We are waiting for the finalisation of the appeals and then that money will be payable… Our law entitles us to adjust those to inflation, so the total order we obtained was for about R230 000,” Hofmeyr told the broadcaster. - The Star