NPA’s integrity in tatters, calls grow for Shaun Abrahams to go

Abrahams read a lengthy statement on Monday morning, delving into the various laws and rules surrounding the controversial case. He outlined what investigators and prosecutors knew when they charged the finance minister and the two former SARS officials for approving the early retirement of Pillay before rehiring him. Then Abrahams noted information he said came to light only when Pillay and Magashula made representations to the NPA.

“I am satisfied Mr Pillay, Mr Magashula and Minister Gordhan did not have the requisite intention to act unlawfully,” said Abrahams, finally. “In the circumstances I have decided to overrule the decision to prosecute.”

The NPA has been criticised for charging the trio with fraud, with various commentators pointing out the apparent lack of intent required for a successful prosecution. Abrahams, who announced the charges earlier in the month, was adamant on Monday that the correct processes had been followed. He even suggested the charges might have been avoided had the three accused “clarified” the issues with the Hawks, who investigated the case. Gordhan responded to written questions from the Hawks, but declined a meeting, while Pillay and Magashula met investigators.

“I am more upbeat than ever about the integrity of the NPA,” Abrahams said. The national director of public prosecutions said decisions to prosecute are made at various levels and he only has the power to review those decisions, which he did after speaking to Pillay and Magashula.

Gordhan declined a meeting with the NPA, claiming he would not get a fair hearing.

“As much as I’m the head of the institution there’s accountability at different levels, responsibility at different levels,” Abrahams continued. Such reviews are common, he claimed.

He smiled and thanked journalists for their questions, a hint of false magnanimity in the midst of a storm. The press conference, he said, showed the NPA’s commitment to transparency while reviewing the case showed the NPA has checks and balances.

“Will I resign? Certainly not, certainly not,” he said. “I certainly don’t think the matter was a blunder.”

Abrahams did not want to answer a question on whether he is embarrassed by the NPA’s about-turn.

“Should somebody’s head roll? I’ll have to look into that.”

Despite the turmoil the charges created, Abrahams said he does not need to say sorry.

“I certainly don’t owe anybody an apology, I certainly do not.”

Opposition parties don’t want an apology; they want Abrahams gone. DA leader Mmusi Maimane said Abrahams blamed others for a situation he was ultimately responsible for. He said the charges were “manufactured for malicious political purposes, and were without merit from their inception”.

“The stakes are far too high to be making such unacceptable and irresponsible mistakes. Shaun Abrahams must be held responsible for this unacceptable blunder,” said Maimane.

He called on President Jacob Zuma to suspend Abrahams immediately and initiate an inquiry into his leadership.

“Jacob Zuma must now act decisively, failing which we will have no option but to believe that he is behind these malicious political antics,” said the DA leader.

The EFF is taking a different approach. The party’s General Secretary Godrich Gardee on Monday wrote to the General Council of the Bar requesting it to remove Abrahams from the roll of advocates.

Gardee cited Abrahams’s meeting with ANC leaders at Luthuli House, the recent subpoena served on EFF leader Julius Malema, which Gardee said is unconstitutional, and the charges against Gordhan – “interference at the least and comical at the most” – as reasons why Abrahams should be disbarred. NPA executives Nomgcobo Jiba and Lawrence Mrwebi were recently struck from the roll, leading to Zuma serving them with a notice of intended suspension.

Save South Africa, a campaign established to combat state capture and the hounding of Gordhan, on Monday said the NPA’s announcement shows civil society can stand up to nefarious state activity.

“It is abundantly clear that the national director of public prosecutions and his handlers completely underestimated the level of outrage that their actions would provoke – whether it was pressure from civil society organisations in court, or pressure on the streets,” the group said in a statement.

Save South Africa, as well as the EFF, still plan to demonstrate in Pretoria on Wednesday, when Gordhan, Pillay and Magashula were due in court.

“We have to continue to show that we are committed to this country, its economy and to addressing the acute social crisis that has been brought about by corruption, mismanagement and political intrigue,” Save South Africa continued.

Cope spokesman Dennis Bloem said Abrahams should leave office immediately.

“This is a very good example of a person who’s being remote-controlled, doing things because you are told to, not because you want to.”

ANC spokesman Zizi Kodwa welcomed the decision to drop the charges and said the focus should return to building the economy.

“Actions of the National Prosecuting Authority to charge Comrade Pravin Gordhan and others have had a negative impact on the economy and created unnecessary speculations about the real motive,” said Kodwa. “The ANC calls on the appointing authority to engage the NPA leadership to avoid a repeat of this and to protect the independence and integrity of the NPA.”

Freedom Under Law and the Helen Suzman Foundation welcomed the dropping of the charges, but said Abrahams still does not understand the “literally incalculable” damage done to the country. The organisations launched a court application to have the charges dropped.

“At best, the charges were a colossal blunder. At worst, they were a ham-fisted attempt to loot the Treasury. Either way, history will not remember those responsible favourably, and they should be held to account,” they said in a joint statement.

As calls for Abrahams to be held accountable continue, Gordhan and his former SARS colleagues could face further charges. Abrahams would not comment on whether the fraud charges could be reinstated. Investigations into the SARS “rogue unit”, which could lead to more serious charges, continue. Abrahams said they should soon be complete and then a decision would be taken on whether to prosecute the finance minister and others involved. DM

Photo: Shaun Abrahams, National Director of Public Prosecutions, at the press conference announcing charges against Finance Minister Pravin Gordhan and former SARS officials Ivan Pillay and Oupa Magashula would be dropped, in Pretoria on Monday, 31 October 2016. (Greg Nicolson)