Cape Town – Freedom Under Law (FUL) and the Helen Suzman Foundation (HSF) on Friday threatened legal action against the National Prosecuting Authority should it not withdraw fraud charges against Finance Minister Pravin Gordhan.
In a letter addressed to National Director of Public Prosecutions Shaun Abrahams, lawyers acting for the FUL and HSF set out why they think charges against the minister are groundless.
“As prefaced in our previous correspondence, your conduct in pressing baseless chages against the Minister of Finance has, and continues to have, devastating consequences for the Republic and its economy,” the letter from Webber Wentzel attorneys reads.
“This is a matter of paramount public interest and our clients intend to review and set aside your decisions to institute the charges against the Minister of Finance, under the constitutional principle of legality and otherwise, unless you withdraw the decisions or furnish a cogent basis for the actions taken.”
In the letter, the organisations say the decision to prefer fraud charges related to Gordhan’s signing off on the early retirement of former South African Revenue Services deputy commissioner Ivan Pillay’s early retirement with full benefits he received, was flawed.
“It is plain from the legislation that the retirement of Mr Pillay did not require the Minister’s approval at all: SARS and the government would be liable to pay any early retirement penalty. But tot he extent that the minister gave his approval, it was clearly in line not only with a raft of legislation but also ample precedent.”
FUL and HSF gave the NPA until the close of business on Friday, October 21 to drop the charges against Gordhan, failing which the organisations were demanding the record of decision with supporting documentation to issue the minister with the summons by the same date.
“Should you not unconditionally withdraw the charges against the minister or furnish the information sought within the time periods set forth above, our clients will assume that no reasons for the decisions, and no documents…..exist in support of the charges,” the letter read.
“Our clients may then, without further notice, seek to exercise their rights in law on an urgent basis.”
Gordhan, Pillay and former SARS commissioner Oupa Magashula were expected to appear in the Pretoria Regional Court on November 2.
African News Agency