LISTEN: Gordhan facing a moving target, says lawyer

Finance Minister Pravin Gordhan Picture: David Ritchie

Finance Minister Pravin Gordhan Picture: David Ritchie

Published Oct 11, 2016

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Cape Town – The National Prosecuting Authority would not be able to prove that Finance Minister Pravin Gordhan committed fraud when he approved the early retirement and pension benefits for former SA Revenue Service deputy commissioner Ivan Pillay, the minister’s lawyers said on Tuesday.

In a statement issued by Gildenhuys Malatji Attorneys, who are representing the minister, the firm said their client was facing a moving target as the fraud charge was completely different to the charges the Hawks wanted him to answer to.

“It was contemplated by the Hawks that he has contravened the provisions of Sections 1, 34 and 81(2) of the Public Finance Management Act, 1 of 1999, that he was guilty of corruption in terms of Section 3, 4 and/or 10 of the Prevention of Corrupt Activities Act, 12 of 2004 as well as Section 3 of the National Strategic Intelligence Act, 39 of 1994.

“These related to the establishment of an investigative unit at SARS and the early retirement of Mr Ivan Pillay as SARS Deputy Commissioner,” Gordhan’s lawyer Tebogo Malatji said.

“The charges now preferred against Minister Pravin Gordhan are charges of fraud alternatively theft insofar as it relates to Mr Pillay’s early retirement.”

Malatji said the NPA would not be able to prove that the elements of fraud exist when it prosecutes Gordhan. These elements include misrepresentation, prejudice, intention to prejudice and unlawfulness.

“It defies all logic for us on what basis the minister could possibly have been guilty of fraud given the facts that are in the public domain relating to all the matters that the Hawks would have been investigating,” he said.

“We do not believe they’ll be able to establish the elements of a crime.”

Gordhan, Pillay and Oupa Magashula were summonsed on Tuesday morning to appear in the Pretoria Regional Court on November 2.

African News Agency

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