Suspended Gauteng Health head of department Dr. Tiego Selebano is seen with his lawyer at High Court in Johannesburg. Picture: Nhlanhla Phillips/ANA

Johannesburg - The Gauteng government Monday said it expected suspended Gauteng Health head of department Dr Barney Selebano to appear before the Life Esidimeni alternative dispute resolution on Tuesday.

Selebano's attempt to avoid appearing before the hearing was scuppered when the Joburg High Court denied his leave to appeal a ruling that dismissed his urgent application to set aside a subpoena ordering him to appear at the arbitration. 

Acting Judge Daniel Berger had ruled that Selebano had failed to establish a basis on which the subpoena can be challenged

In denying his leave to appeal, Berger said this was because there was no reasonable prospect of success. 

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"The appeal has no reasonable prospect of success... and is [therefore] dismissed with costs," Berger ruled.

Selebano’s advocate Kirsty McLean indicated that they might petition Gauteng Judge President Dunstan Mlambo.

Reacting to this was Gauteng government spokesperson Thabo Masebe who said that Selebano would now be expected to appear before the hearing. 

"As far as we are concerned, we expect him to appear at the hearing...We all want the ADR to conclude because that would be in the best interest of all the parties.”

"What he intends doing is entirely up to him... I don't know what he intends doing."

Gauteng government spokesperson Thabo Masebe speaks following Dr Barney Selebano's court case. Video: Khanyisile Ngcobo/IOL

Selebano meanwhile, left the high court in the presence of his legal team and remained silent when asked if he would present himself before retired deputy chief justice Dikgang Moseneke, who is chairing the hearing, on Tuesday morning.