Pretoria - President Jacob Zuma scored a technical victory when three judges on Thursday ruled that the application by the Helen Suzman Foundation (HSF) and Freedom Under Law (FUL) to have National Prosecuting head Shaun Abrahams suspended, was not urgent.
Gauteng High Court Judge President Dunstan Mlambo struck the matter from the roll with costs.
He said in the court’s view there were insufficient grounds forwarded by the applicants as to why the matter was urgent.
According to Judge Mlambo there is nothing to suggest that President Zuma was not considering the applicant’s request to provisionally suspend Abrahams, Gauteng Director of Public Prosecutions, Sibongile Mzinyathi and Acting Special Director of Public Prosecutions, Dr Torie Pretorius, pending an inquiry into their fitness to hold office.
Following a letter to Zuma by the applicants in November 7, in which they asked him to act against the three officials, the president responded that he needed more time. Within two days of receiving his answer, the applicants rushed to court, the judge said.
He added that the court cannot conclude that the president failed to act in this matter.
Judge Mlambo said in the court’s opinion, the applicants minds were already made up – to turn to court – when they send the letter to Zuma.
“Their minds were close to any responses…In our view it was not unreasonable of the president to ask for more time.”
Francis Antonie of the HSF said they can return to court on a non urgent basis if the president failed to act against Abrahams and the other two officials.
Pretoria News