Asking Abrahams to rethink fraud charges is pointless – his mind is made up: Gordhan
Finance minister Pravin Gordhan’s legal team says it will not make representations to National Prosecuting Authority head Shaun Abrahams – as the chief prosecutor has already made it clear that he is determined to pursue the charges of fraud.
South Africa was shaken again this week as the NPA announced it would be pursing Gordhan – and other former SARS executives – on charges of fraud.
The charges relate to alleged fraudulent behaviour in Gordhan signing off on an early retirement process at SARS for former deputy commissioner, Ivan Pillay.
Following the announcement, Abrahams was grilled by opposition MPs over the matter, questioning the timing and content of the NPA’s case against the minister.
The NPA head stressed that he did not make the decision alone, and noted that Gordhan could make representations to him to review the decision to prosecute, and he would have to abide and review the decision.
No thank you
However, Gordhan’s legal representatives have rejected Abrahams’ ‘invitation’, saying that the minister has no confidence in the NPA head’s willingness to afford him a fair hearing.
Tebogo Malatji, Gordhan’s lawyer, said in a statement on Friday that the finance minister’s legal team had made previously made several requests for Abrahams to give Gordhan the opportunity to make representations before he was charge – however, this was rejected.
Referring to the NPA’s press briefing announcing the charges against Gordhan, Malatji said that Abrahams had made it clear that he was fully committed to the prosecution – and that to try and convince him otherwise would be pointless.
“Having now had an opportunity to study the charges against the Minister‚ it is clear to us that they manifest a resolute and not-well-founded determination to prosecute the Minister at all costs,” he said.
“Any representations to (Abrahams) would accordingly be pointless.”
Meanwhile, speaking at a conference on Friday, Gordhan remained firm in his position, saying that the law must take its course – and that until he receives instructions saying otherwise, he was “not going anywhere”.
The full statement is below:
The National Director of Public Prosecutions (“NDPP”), Adv Shaun Abrahams, advised the Parliamentary Portfolio Committee on Justice and Correctional Services on 12 October 2016 that Minister Pravin Gordhan is welcome to approach him to make representations regarding the charges that have been preferred against him.
Minister Gordhan has taken legal advice on the matter and decided not to make representations to the NDPP.
The main reason for his decision is that he does not have any confidence in the NDPP’s ability or willingness to afford him a fair hearing.
First, we repeatedly asked the NPA to afford the Minister an opportunity to make representations to them before they decided whether to prosecute the Minister but they spurned our requests.
Second, the NDPP’s conduct at his press conference announcing the decision to charge the Minister made clear his commitment to the prosecution.
Third, having now had an opportunity to study the charges against the Minister, it is also clear to us that 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.
Minister Pravin Gordhan continues to take legal counsel in regard to ways and means to bring the matter to an expedited finality. We are assisted in this regard by a team of eminent counsel consisting of Adv. Wim Trengove SC, Adv. Hamilton Maenetje SC and Adv. Ziyaad Navsa.
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