National Prosecution Authority (NPA) made an announcement on Monday that Finance Minister Pravin Gordhan has 24 hours to make submissions about why the fraud charges against him should be withdrawn.
NPA Spokesperson, Luvuyo Mfaku, insists the National Director of Public Prosecutions (NDPP) Shaun Abrahams did not make the decision to prosecute alone. It was made by his experienced team of prosecutors.
He says former South African Revenue Service (Sars) commissioner Oupa Magashula and former deputy commissioner Ivan Pillay have already made their submissions through their lawyers.
He says in terms of the legislation the NDPP is obliged to listen to their evidence.
After hearing them he decided to invite Minister of Finance to make representation as well.— Luvuyo Mfaku, NPA Spokesperson
Prior to charges being laid, Pravin Gordhan asked for a chance to make a submission but was denied that opportunity by the NPA, and has now refused to do so, saying on Friday he had no confidence in the NPA boss.
But Mfaku says this current review process may only take place once a decision to prosecute has been made and the National Director was not legally obliged to invite a person to make a representation before a decision is made.
In a situation where the prosecution firmly believes that a prima facie case has been established, they are at liberty not to allow representation before a decision to prosecute has been made, says Mfaku.
Mfaku acknowledged that it is unlikely charges against Gordhan would remain if they were dropped against Pillay and Magashula.
Despite this he claims his boss Shaun Abrahams is 'not back tracking.'
Listen to Luvuyo Mfaku explain the process of making submissions to the NPA: