Johannesburg - Back off, explain yourself and show us the evidence, or face a court review of the decision to prosecute Finance Minister Pravin Gordhan.
National director of Public Prosecutions Shaun Abrahams has been given until 4pm on Friday to take his pick among these choices after the minister on Friday rejected his offer of an opportunity to make representations as to why the prosecution should not continue.
Not only is Gordhan taking advice on how to “bring the matter to an expedited finality” from a high-powered team that includes Wim Trengove, Hamilton Maenetje and Ziyaad Navsa, but former Constitutional Court Judge Johann Kriegler, on behalf of Freedom Under Law, and the Helen Suzman Foundation have threatened to ask the high court to examine the validity and viability of the charges “with a view to cutting short the prosecution”.
Amid widespread public outrage over the prosecution of Gordhan and its impact on the economy, Abrahams appeared to be rowing back from the decision at a meeting of the portfolio committee on justice this week when he suggested that Gordhan could approach him to review the decision to prosecute.
But the minister gave a scathing response via his lawyers, saying he had no confidence in Abrahams’s “ability or willingness to afford him a fair hearing”.
His lawyers had repeatedly asked for an opportunity to make representations to the NPA before the decision was taken but “they spurned our requests”, Tebogo Malatji said on behalf of the minister's legal team.
Abrahams had also made his commitment to the prosecution clear during his press conference announcing the decision, Malatji said.
“Having now had an opportunity to study the charges against the minister, it is also clear to us they manifest a resolute and not well-founded determination to prosecute the minister at all costs.
“Any representations to the NDPP would accordingly be pointless,” Malatji said.
Kriegler said earlier that Freedom Under Law and the Helen Suzman Foundation had had the charges analysed and “were pleased, but not surprised, to be advised that they are on the face of it legally flawed and factually unfounded”.
In a letter addressed to Abrahams on behalf of the NGOs, law firm Webber Wentzel picks apart the allegations against Gordhan, showing it was within the rules of the Government Employees Pension Fund and relevant legislation for him to have approved the early retirement of then-deputy SA Revenue Service's commissioner Ivan Pillay, to rehire him on contract and for Sars to pay the early retirement penalty on his behalf.
This decision is the basis of the fraud charge against Gordhan and the alternative charge of theft for which he is to appear in court on November 2.
The lawyers give Abrahams until 4pm on Friday to confirm he will withdraw the charges or to supply the record of decision, including reasons and substantiating documents, as well as the evidence supporting the charge of fraud, including proof of misrepresentation.
ANC treasurer-general Zweli Mkhize, ANC chief whip Jackson Mthembu and cabinet ministers Ebrahim Patel and Derek Hanekom have also supported their colleague, while Robben Island veteran Ahmed Kathrada, former president Kgalema Motlanthe, former cabinet minister Barbara Hogan and other high-profile figures have said they will be at court on November 2.
Saturday Star