The state attorney is "considering" whether taxpayers will have to foot the bill for convicted former top cop Jackie Selebi's application for leave to appeal against his conviction for corruption.

Minister of Justice and Constitutional Development Jeff Radebe said in Parliament yesterday that question would be considered in terms of the State Prosecutors Act, Treasury regulations and the Public Finance Management Act.

He was responding to a question by the Freedom Front Plus police spokesman, Pieter Groenewald. Groenewald asked for the information in Parliament shortly after Selebi was sentenced to 15 years in jail.

Groenewald said yesterday that the State Prosecutors Act "makes provision [for the state to foot the bill] only when actions are in the public interest or the state has an interest in the matter".

He said that none of the above applied in Selebi's case.

He said he would complain to the Public Protector "to determine whether taxpayers' money is not being abused".

Taxpayers have paid all Selebi's litigation costs, which now amount to R17-million.

Selebi last month launched an application for leave to appeal against both his corruption conviction and his sentence.

He claimed that he did not receive a fair trial and that the court "erred" on several legal and practical issues.

Selebi's application for leave to appeal will be heard in the Johannesburg High Court on Monday.