The Kebbles' lawyer, Mike Hellens, said the case had been postponed to December 4, when they would discuss the Financial Services Board's refusal to honour a subpoena requesting documents relating to share price manipulation by the Kebbles' company, Western Areas.

The board's report became the basis for the investigation by the police's Johannesburg Commercial Unit. The board is refusing to hand over the documents, claiming privilege and secrecy provisions.

In the aftermath of the ruling, advocate Willem Heath denied a claim by Ngcuka's office that they had "quietly withdrawn their complaint of abuse of power" against Ngcuka and Justice Minister Penuell Maduna. Heath is employed by the Kebbles to investigate the manner in which the probe against them was handled by Ngcuka's office.

Ngcuka described yesterday's court ruling as "a big blow to the Kebbles, who have been desperately trying to have the criminal charges withdrawn".

Heath said: "It is completely untrue that we have dropped any of the complaints." The rumour may have started because the Hefer commission of inquiry into allegations that Ngcuka was an apartheid spy had decided not to call Brett Kebble to testify. This was because the issues raised "do not fall within the current terms of reference of the Hefer commission", Heath said. It had been suggested they pursue the complaint against Ngcuka through the office of the public protector.

Heath said: "I have been instructed by the Kebbles to investigate such abuses of power both nationally and internationally as they intend to pursue these complaints to the fullest extent."

With acknowledgement to the Business Day.