Is Gordhan's firm stance forcing NPA's Shaun Abrahams to back down?

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

Recommended

by NEWSROOM AI
Read More
Major medical breakthrough: New gene pegged as cause of heart attacks in youth

Major medical breakthrough: New gene pegged as cause of heart attacks in youth

This is being called the biggest medical advancement in South African cardiology since Dr Chris Barnard's first heart transplant.

Parents urged to check tertiary institutions are legit before registering kids

Parents urged to check tertiary institutions are legit before registering kids

The Council on Higher Education says parents need to be wary of the increasing number of fly-by-night tertiary institutions.

New app to detect hearing loss

New app to detect hearing loss

University of Pretoria has developed a new app which uses a smartphone to detect hearing loss.

UK prison officers manage to quell mass inmate riots

UK prison officers manage to quell mass inmate riots

Britain recorded the worst prison riots in 26 years after 600 inmates at a prison in Birmingham embarked on a 12-hour riot.

Gauteng tops drunk driving offences since start of the festive season

Gauteng tops drunk driving offences since start of the festive season

Traffic authorities have arrested more than 3 000 people for various traffic offences, with drunk driving as the leading offence.

2016 news wrap: A look back at the stories that grabbed SA's attention

2016 news wrap: A look back at the stories that grabbed SA's attention

Barry Bateman spoke to Stephen Grootes to unpack the meaning behind the stories that dominated the headlines in 2016.

Popular articles
Journalist explores what could go wrong with the new street cameras in Joburg

Journalist explores what could go wrong with the new street cameras in Joburg

Daily Maverick's contributor Heidi Swart says service providers that install surveillance monitors need to be responsible.

[WATCH] Mabena's lack of agility has social media in stitches, we are Mabena!

[WATCH] Mabena's lack of agility has social media in stitches, we are Mabena!

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Local six-year-old dancing sensation's video goes viral

[WATCH] Local six-year-old dancing sensation's video goes viral

After Will Smith and Jada Pinkett-Smith shared the video of Ivanah Campbell dancing it has been viewed over 10 million times.

SA’s richest woman opens up about being a refugee and becoming a billionaire

SA’s richest woman opens up about being a refugee and becoming a billionaire

Magda Wierzycka – Sygnia’s renegade CEO – on her attitude toward money (hopes and fears, successes and failures, etc.).

Tips on how to handle bad sex

Tips on how to handle bad sex

Clinical sexologist Dr Eve advises how to deal with bad sex and how to properly communicate when displeased.

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

TymeBank has no branches and no monthly fees. Most transactions are free. Bruce Whitfield interviews its CEO.