Pretoria – Reports of the imminent arrest of Finance Minister Pravin Gordhan were being used to score political points and had subsequently thrown the rand into turmoil, National Director of Public Prosecutions Shaun Abrahams said on Monday.
“The matter is not on my desk. It will only make its way to me once the investigation has been concluded and recommendations are made to me. I call on all concerned, including the media, politicians, legal commentators and economists, to stop playing with our economy,” Abrahams told reporters at the National Prosecuting Authority’s headquarters in Pretoria.
Read: #SpyTapes appeal a delaying tactic - DA
“Stop deriving political mileage out of this matter, or any other matter. People should not be tried, acquitted or convicted in the court of public opinion. The NPA is constitutionally and legislatively empowered to decide who should or should not be prosecuted.”
He said there were many people trying “to usurp” the powers of the prosecuting authority.
“As you may well know, the NPA is faced with people, including certain politicians, sections of the media and the public, and commentators who on the one hand call on the NPA not to prosecute Minister Gordhan but on the other hand the same call for the prosecution of President Zuma,” said Abrahams.
“These are matters which must be left to the NPA. I cannot imagine a day when the prosecuting authority exercises its responsibilities, legal and constitutional mandate through the dictates of public and or political sentiments or wishes.”
Abrahams said despite the media reports, there were no charges of espionage that were being investigated against Gordhan.
“I wish to make the following emphatically clear. There are no charges of espionage being investigated against Minister Gordhan. There are no charges of espionage being investigated against any other person associated with what has been dubbed the so-called SARS rogue unit,” Abrahams told reporters.
“Although the special director of public prosecutions who heads the priority crime investigation unit would ordinarily make his decision in consultation with the director of public prosecutions on whether or not to prosecute, in this matter the special director concerned will make a recommendation to me on whether or not any person should be prosecuted.”
Abrahams added: “In the event that the minister is implicated, I will make the decision at the conclusion of the investigation as to whether any person or persons must be prosecuted, including the minister.”
He said the Directorate for Priority Crime Investigation (Hawks) was not obliged to disclose to anyone who their suspects were and the nature of the crimes they were probing.
“It is absolutely unheard of. It is not in anyone’s interest for this matter to be investigated in the public domain, for all and sundry to suddenly become experts to comment and advise thereon in circumstances where all the evidence is unknown to such persons, nor is there evidence at his or her disposal,” said Abrahams.
“In the event that evidence implicates any person of having committed a crime, a warning statement will be obtained from the person. He or she will be afforded an opportunity to respond to any criminal allegations.”
He said suspects were always informed “in no uncertain terms”.
Abrahams said even though powers to arrest were in the purview of the police, no one was facing arrest.
“I can assure you that under my authority, no person including Minister Gordhan will be the subject of any arrest or charges being preferred against them in this matter. I implore you to respect the process of the investigation until its conclusion along with any decision thereafter as to whether any person must be prosecuted,” he said.
Media reports earlier this month suggested that Gordhan faced imminent arrest and prosecution on espionage charges relating to the activities of the SA Revenue Services’ so-called “Rogue Unit”. The unit was established while Gordhan was the commissioner of the tax agency.
The reports had an adverse impact on the market, plunging the struggling rand into turmoil.
At the same press briefing, Abrahams announced that the NPA was appealing the decision of the High Court in Pretoria, which ruled that halting President Jacob Zuma’s prosecution in 2009 was irrational.
He said due to the far-reaching significance of the case, “it needs the decision of an appeal court”.
“In principle, the judgement also affects each and every person who is a subject of a prosecutorial consideration and the discretionary powers of a prosecutor which is exercised on a daily basis and at various stages of the process,” Abrahams said.
“The judgement of the full bench of the Pretoria High Court is also a matter that seriously affects the separation of powers.”
He said the high court ruling also had far-reaching ramifications for the for the powers of the NPA.
“In my view, if this is now general principle, then prosecutors are now deluded of much of their powers. Article B of the code of conduct for members of the National Prosecuting Authority reads ‘the prosecutorial discretion to institute and to stop a should be exercised independently in accordance with the prosecution policy and policy directives, and be free from political, public and judicial interference’.”
Last month, the court set aside the decision by former acting national director of public prosecutions Mokotedi Mpshe, to withdraw the raft of charges against Zuma, back in 2009.
Delivering the judgement on April 29 on behalf of a full bench, Judge Aubrey Ledwaba found that the decision taken by Mpshe to drop the corruption charges against Zuma in 2009 was irrational and thus set it aside.
Ledwaba further ruled that the matter needed to be reviewed.
The case around the so-called “Spy Tapes” was brought by the Democratic Alliance which asked the court to review the decision to drop 783 charges of fraud, corruption and racketeering against Zuma.
African News Agency