Cape Town - The arrest - or even investigation - of Finance Minister Pravin Gordhan has not yet been linked to any offence, UCT professor in Constitutional Law Pierre de Vos argued, after the minister issued an impassioned plea to South Africans to defend the National Treasury staff.
Commenting on weekend reports that his arrest relating to the alleged illegal operations of a South African Revenue Service (Sars) investigative unit was imminent, Gordhan said these had been “extremely distressing” for him and his family.
The Hawks have denied that Gordhan was about to be arrested and National Prosecuting Authority boss Shaun Abrahams, while confirming there was a docket relating to the possible arrest and prosecution of Gordhan and other former Sars members, refused to say what charges were being investigated, adding the docket had been referred back to the Hawks investigators “with guidance”.
But De Vos, writing in his blog, said that if, as reported, Gordhan was being investigated for “espionage”, this would be a legal nonsense as there was no such crime in South African law.
As with a prosecution, there had to be prima facie evidence of the breach of one or more criminal law provisions for an investigation to be lawful.
There was also no offence related to the establishment of an investigative unit by Sars or even the gathering of covert intelligence, De Vos said, unless the intelligence related to a potential threat to national security or the stability of the country.
Gordhan said in his statement yesterday it was “indeed true, that no one is above the law”, adding,”but no one should be subjected to the manipulation of the law and agencies for ulterior motives”.
His lawyers would be approaching the leadership of the Hawks and NPA for clarity, Gordhan said.
“It is particularly painful to me, and I’m sure to many earnest democrats, to witness this unrestrained attack on honest and hardworking people and the institutions meant to strengthen our democracy,” he said, referring to the Treasury and Sars.
“Millions of people will pay the price (there will be less money to relieve poverty and support job creation programmes) if this subversion of democracy is left unrestrained and unchallenged.
“I appeal to all South Africans to protect the National Treasury staff, who have diligently, honestly and skillfully served the national interest to the best of their ability. They are recognised worldwide for their professionalism and competence,” Gordhan said.
Meanwhile, former Hawks boss Anwa Dramat, suspended Independent Police Investigative Directorate (Ipid) head Robert McBride and former Sars deputy commissioner Ivan Pillay issued a joint statement saying that having compared notes in the past few weeks, they had discovered a common thread.
“There appears to be a remarkable coincidence in the methods used to remove officials from these institutions, the players involved and their intersecting interests,” the three said. The attacks on these institutions were related to their mandate to investigate corruption.
They had found a “convergence” in cases they had been working on, which involved individuals or entities with “questionable relationships to those in public office”.
The Constitutional Court heard argument yesterday in McBride’s challenge of his suspension by Police Minister Nathi Nhleko, after the High Court ruled that the minister’s power to suspend him infringed on the independence of the directorate.
He was suspended for allegedly altering an Ipid report on the alleged rendition of Zimbabweans by the Hawks under Dramat.
Dramat, too, was suspended by Nhleko, despite a Constitutional Court judgment stripping him of the power to do so, before ultimately resigning.
CAPE ARGUS