The national assembly will have to pass a special resolution to allow the former chairman of parliament's standing committee on public accounts to testify at a trial of Durban businessman Shabir Shaik, according to national assembly Speaker Frede Ginwala.

IFP MP Gavin Woods was subpoenaed on May 17 by the national directorate of public prosecutions to testify in Shaik's trial in the Durban Regional Court from May 27 to May 31.

Woods duly informed the Speaker's office about the subpoena, which related to his parliamentary work as Scopa chairman.

Sipho Ngwema, a spokesman for the national directorate of public prosecutions (NDPP), confirmed Woods had been subpoenaed, but said that it had since been revoked after parliament brought the Powers and Privileges of Parliament Act to the directorate's attention.

Shaik's trial was postponed on Monday until November 27. Ginwala told Sapa she had since spoken to NDPP head Bulelani Ngcuka, who said the matter was unlikely to come up before November.

"He will advise us at some point whether Dr Woods is needed. If so, we will have to pass a resolution." Ginwala said parliament did not want to be seen to be above the law.

"We want to co-operate where we can. We have taken legal advice on the matter.

In a legal opinion, parliamentary law advisor Anton Meyer said that, as the evidence Woods was required to give related to the proceedings of parliament the matter was regulated by Section 24 (1) of the Powers and Privileges of Parliament Act, which provided that he could only do so by special leave of the national assembly.

Ginwala said Woods was willing to testify, and if another subpoena was issued, the National Assembly would couch a resolution to allow him to do so.

According to media reports, Shaik's brother, former arms procurement chief Chippy Shaik, gave documents relating to the arms deal to Woods, who had requested them from the department of defence in his capacity as Scopa chair.

Reports at the time said Chippy Shaik's dealings with Woods had prompted abn investigation that had eventually led to the former's suspension from the arrest of Shabir Shaik.

With acknowledgements to Sapa and Cape Times