Pretoria - The National Prosecuting Authority (NPA’s) case against Finance Minister Pravin Gordhan is hopeless and the inescapable conclusion is that the charges are levelled against him to harass and intimidate him for political ends.
This is according to Francis Antonio, director of the Helen Suzman Foundation, in papers filed at the Gauteng High Court, Pretoria.
The foundation and Freedom Under Law will on November 8 ask the court to declare the decision taken by National Director of Public Prosecutions, Shaun Abrahams and the NPA to charge Gordhan with fraud, alternatively theft, be set aside and declared unlawful.
The two NGO’s will ask for a permanent stay of prosecution.
“These charges are, apart from vaguely drafted, bad in law, vacuous and unsustainable on any basis – in law and on the facts,” Antonio said.
The application is expected to be heard by the high court a week after Gordhan and his co-accused, Oupa Magashula and Ivan Pillay are due to appear in the lower court on charges of fraud.
Antonio said in his affidavit that it is “telling” that these charges include new subject matter. He said the NPA is now relying on different facts to the well published “charges” which have been investigated by the Directorate for Priority Crime Investigations (DPCI) for months and in respect of which Gordhan was to present himself to give a warning statement to the unit.
The charges against Gordhan and his co-accused relate to the early retirement of Pillay.
Antonio said Pillay’s retirement was perfectly acceptable in law and the early retirement of officials – at the age of 55 – had been done countless times in the past, without any criminal sanction.
“Despite the charges clearly being bad in law and incapable of being prosecuted, the NPA was afforded the opportunity to withdraw the charges, or to furnish reasons for its decision (to prosecute). It did neither. The conclusion is that the charges are baseless and no evidence exists which justifies the pursuing of such charges.”
Antonio further stated that the timing of the charges is worrying, as the facts on which the NPA relied in drawing up the charge sheet, had been in the public domain for almost six years.
According to him this matter is extremely urgent, especially as the uncertainty over Gordhan’s future is causing political and economic instability. There are even suggestions that he must be removed or step down by virtue of the charges.
“At best, there appears to be a fatal disregard for constitutional duty at the NPA, where unsustainable charges are being proceeded with. At worst, the NPA is acting on the basis of ulterior purposes or in bad faith.”
Antonio said that Abrahams has the power to put an end to “this abuse” by reviewing the decision to charge Gordhan, but his failure to do so confirms his “involvement in the abuse that is underway.”
The respondents meanwhile have until next Monday (October 31) to file their answers to this application.
Pretoria News