CAPE TOWN, November 18 (ANA) – The Helen Suzman Foundation (HSF) and Freedom Under Law (FUL) are pressing ahead with their court bid to compel President Jacob Zuma to suspend National Prosecuting Authority (NPA) boss Shaun Abrahams, it emerged on Friday.
On Tuesday, Zuma and Abrahams filed answering papers to the application, after the president put out a statement saying he had written to Abrahams, the head of the Priority Crimes Litigation Unit, Torie Pretorius, and the North Gauteng director of public prosecutions Sibongile Mzinyathi asking them to make representations on why they should not be suspended pending an inquiry into their fitness to hold office.
“The President has given no indication as to when the decision to suspend itself will be taken. It seems, therefore, that the President intends, for reasons he has not explained, to draw out and delay the process unnecessary and unlawfully,” the two NGOs said.
“This is particularly unacceptable in circumstances where he has clearly misconstrued his powers and has closed his mind on the topic of suspension and enquiry.”
HSF and FUL said it does not understand why the President asked the three to make representations when they could defend the allegations at a disciplinary inquiry.
“The answering papers, despite their prolixity, make out no substantive case for the President not to suspend the relevant prosecutors and not to institute the disciplinary enquiries mandated in terms of the National Prosecuting Authority Act, 1998,” the statement said.
“With public confidence in the NPA in tatters, and threats of fresh charges against Minister Gordhan being mulled by the compromised Mr Abrahams and his subordinates, any further delay by the President has the potential to be catastrophic. HSF and FUL are thus proceeding with the application to vindicate the requirement of lawful and rational government conduct, and to uphold the public interest.”
The case will be heard by a full bench in the high court in Pretoria on November 24.
On October 11, Abrahams announced that summonses had been served on Finance Minister Pravin Gordhan and two former SA Revenue Service (Sars) employees, Oupa Magashula and Ivan Pillay, over the latter’s early retirement with full benefits.
On October 31, he said the charges of fraud would be withdrawn due to lack of intent. Abrahams said he had nothing to do with the initial decision to charge the three, saying it was the decision of Pretorius and Mzinyathi.
– African News Agency (ANA)
