Johannesburg - Suspended Gauteng health head of the department Dr Barney Selebano's urgent application to set aside a subpoena ordering him to appear before the Life Esidimeni hearing was on Monday dismissed with costs.
Selebano had filed an urgent application to set aside a subpoena ordering him to testify before the arbitration this week.
Handing down the ruling was acting Judge Daniel Berger, who said Selebano had failed to establish a basis on which the subpoena can be challenged.
"Therefore, the appeal is dismissed with costs," he ruled.
Immediately after, Selebano's defence sought a leave to appeal the ruling.
Berger then adjourned proceedings to 11.30am, where their argument will be heard.
Selebano was suspended in the wake of recommendations by Health Ombudsman Malegapuru Makgoba following the death of 143 psychiatric patients at non-government organisations.
He and former Director of Mental Health Dr Makgabo Manamela then faced disciplinary action, with both of them facing seven and eight charges respectively.
The matter continues.