Pretoria – The Gauteng High Court, Pretoria, on Tuesday, in a preliminary
application, ruled that mention made in the minister’s court papers of 72
suspicious transactions involving the Gupta family and their companies, had to
be “striken out” of the papers.
This mean that the Gordhan camp cannot use the report
issued by the Financial Intelligence Centre (FIC) in advancing their main
application.
Counsel for Oakbay Investments, Cedric Puckrin SC, on
Tuesday morning asked that references to the FIC report must be removed, as it
had nothing to do with the main application.
Gordhan only asked the FIC to investigate the Gupta
related accounts months after he launched his application for a declaratory
order that he cannot interfere with the decision of the country’s four major
banks not to do business with the Guptas and their companies.
But Gordhan’s advocate, Jeremy Gauntlett SC, in opposing
the striking out application, said the FIC findings showed the magnitude of
this matter. According to the FIC report the suspicious transactions flagged by
them, involve billions of rands.
Gauntlett said it was the minister’s duty to bring this
under the attention of the court.
But three judges who are hearing the matter, all
questioned the relevance of the report.
Judge President Mlambo said Oakbay’s application to have
the report strike out, has merit.
Read also: Zuma wants out of Gordhan-Gupta fray
Legal experts are of the opinion that by removing
references of the report from the main application, would take the sting out of
Gordhan’s application.
It is said that the various parties did not dispute that
the minister should not interfere with the decision by the banks not to do
business with the Guptas and their companies - the very order he is asking for.
Gordhan meanwhile also scored a small victory when the
court ruled that references made in Oakbay’s papers of a political conspiracy
by Gordhan and others relating to this matter, should be strike out.
President Jacob Zuma meanwhile elected not to apply to
join the proceedings as an interested party - a move Judge Mlambo commented was
wise.
Judge Mlambo, shortly before the lunch break, requested
the legal representatives to see him and the two other judges in chambers
before the case was due to resume.
He also urged the parties to see whether they could not