Johannesburg - Suspended Gauteng Department of Health head Dr Barney Selebano has filed papers in the Johannesburg High Court challenging a subpoena ordering him to appear before the Life Esidimeni arbitration hearing.
According to reports, Selebano had been ordered to appear before the hearing next month.
Selebano was suspended in the wake of recommendations by Health Ombudsman Malegapuru Makgoba following the death of 94 psychiatric patients at non-government organisations.
Dr Ernest Kenoshi, the former head of the Steve Biko Academic Hospital, was then appointed as acting head of department.
Selebano's application will be heard at the end of November.
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This revelation comes as the commission struggles to to get former health MEC Qedani Mahlangu’s address in London so she can be subpoenaed.
Attorney for the state Tebogo Hutamo had previously said that it had been difficult to trace Mahlangu.
''The only difficulty is on her whereabouts ... her attorneys have been requested to provide her formal address to ensure delivery of the subpoena," Hutamo told the arbitration at the time.
It has also emerged that Mahlangu has been suspended from her studies at the Global Banking School.
According to a report by The Citizen, the University of Bedfordshire revealed that the former MEC was suspended over the "severity of allegations" levelled against her.
The banking school is an affiliate of the university.