PRETORIA, November 24 (ANA) – The National Prosecuting Authority (NPA) on Thursday welcomed the North Gauteng High Court’s dismissal of an application seeking the suspension of its head Shaun Abrahams.
Addressing scores of journalists shortly after a ruling delivered by Gauteng Judge President Dunstan Mlambo on behalf of a full bench of three judges, NPA spokesperson Luvuyo Mfaku said his organisation saw the judgement coming.
“This is an outcome we expected. It actually vindicates the position of the NPA in terms of taking prosecutorial decisions independently. The day a prosecutor is suspended for taking a decision in line with the constitutional mandate will be a will be a sad day indeed,” said Mfaku.
He said the fact that the matter was thrown out of court on the technicality of urgency, without exploring the merits of the application, is of no significance.
“We wanted the court to entertain the merits of the matter so that we can put everything to bed. We are tired of the unwarranted attack on the person of the national director of public prosecutions [Abrahams] and the institution. We wanted that to be ventilated in court so that we can find some closure,” said Mfaku.
Earlier, the high court judges dismissed an application aimed at forcing President Jacob Zuma to urgently suspend Abrahams and two other top NPA officials based on their handling of the bringing of fraud charges against Finance Minister Pravin Gordhan and two former South African Revenue Service officials.
“It was ill advised and certainly unreasonable for the applicants [Helen Suzman Foundation and Freedom Under Law] to rush and launch this application, brushing aside the request for more time from the president,” Gauteng Judge President Dunstan Mlambo delivered judgement on behalf of a full bench of three judges.
“We hold a strong view that urgent relief, and we are supported in this regard by ample judicial authority, is granted in special circumstances in matters where a proper case for such relief is made out. The case before us deals with very important constitutional issues and that are in the public interest and in the public domain.”
HSF and FUL approached the court with an application to compel Zuma to suspend the senior NPA officials, which include Abrahams, head of the prosecuting authority’s priority crimes litigation unit Torie Pretorius and North Gauteng director of public prosecutions Sibongile Mzinyathi.
The two civic society groups insist that the top NPA officials must take the blame for bringing baseless criminal charges against Gordhan, a prosecution which they said damaged the reputation of the National Prosecuting Authority and cost the South African economy dearly.
Zuma has already written to the three NPA officials, asking them to provide reasons why they should not be suspended pending an inquiry into their fitness to hold office. They were given until Monday to do so.
After the lengthy court session, HSF director Francis Antonie said they will be seeking legal advice on the way forward.
“I don’t think we have been using the courts improperly. The judges have their view and we respect their view. I don’t this matter is over at this level now. There are still merits to consider and we will be considering them. We will now be consulting with our lawyers immediately after this,” said Antonie.
Adil Nchabeleng, leader of lobby group Transformation RSA, said courts should not be a tool to sidestep the executive.
“This matter sits with the president. We were here to support the NPA. We should not use courts in an unjust manner. There are matters which are very fundamental in South Africa which these courts should be looking into. Unfortunately those matters don’t get heard and are not given the necessary priority,” he said.
“We’re quite happy with the decision of the court. The full bench has given full confidence and we look forward to more of such proceedings in the future.”
– African News Agency (ANA)
