Finance Minister Pravin Gordhan has not broken any law by his refusal to make representations to the National Prosecution Authority (NPA).
According to criminal law expert, Tyrone Maseko, there's no legal provision which compels Gordhan to oblige to Shaun Abraham's request to make representations before the 5pm deadline on Tuesday.
Abrahams, who is the National Director of Public Prosecutions (NDPP), brought fraud charges against the minister for approving an early retirement package for SARS (South African Revenue Services) deputy commissioner, Ivan Pillay.
An accused or suspect is not by law required to make representations, you cannot be compelled to make representations.— Tyrone Maseko, criminal law expert
Lawyers for former SARS commissioner Oupa Magashula and Pillay made their representations to Abrahams, asking him to review the charges levelled against them.
Listen to the interview below:
In response to the recent developments, NPA's spokesperson Luvuyo Mfaku said that Abrahams has no say over charges laid and serves only as an arbiter once an aggrieved party makes representations about charges levelled against them.
Listen to his response below:
He [NDPP] would look at the docket, look at the representations that have been made and make a decision whether or not to proceed with prosecution.... He is precluded from interfering.— Luvuyo Mfaku, NPA spokesperson