On the dropping of charges against Finance Minister Comrade Pravin Gordhan and others 

31 October 2016

The South African Communist Party (SACP) has cancelled its plan to picket outside the court in Tshwane on 2 November: the date on which the Minister of Finance Comrade Pravin Gordhan was scheduled to appear on charges brought against him by the National Prosecuting Authority (NPA) after a problematic investigation by the Directorate for Priority Crime Investigation (Hawks).  

The decision to cancel the picket came after the National Director of Public Prosecutions (NDPP) Mr Shaun Abrahams today dropping those charges against the Minister and others. The NDPP was bound to drop the charges, from the outset, as they had no basis in law. The charges were ill-considered and amateurishly handled in terms both of the investigation by the Hawks and the NDPP’s widely broadcast press conference early this month to announce those charges, as well as the subsequent contradictions including the widely reported hostage incident that took place at the South African Receiver of Revenue (Sars). 

The SACP reiterates its position that the pursuit of Minister Gordhan at all cost was a direct result not of the law duly taking its course but an agenda to manufacture a pretext for him to be removed from the position. It is very important for our organs of state to desist from association with such agendas. The SACP, while playing an important role to combat the abuse of state organs, recognises that it was not a lone voice in airing disapproval of the harassment of Minister Gordhan through state organs and therefore appreciates the voices of many South Africans who genuinely drew a line in the sand against the abuse. 

The SACP reiterates its call for Parliament to swiftly hold an inquiry into the fitness of Mr Abrahams to hold office as the NDPP. It is equally important for Parliament to amend the NPA Act to give effect to a Parliamentary selection process recommending names for consideration by the President in making the appointment of the NDPP in terms of our constitution. The SACP reiterates that the absence of a Parliamentary selection process in the NPA Act easily opens up space for allegations of partisanship in certain cases and errors committed by the NDPP with wider implications to the President who appoints the NDPP without that process. 

But there is more that needs to be done, in terms of the Hawks too. The Hawks’ style of work under the stewardship of Berning Ntlemeza leaves much to be desired. This has been exposed for all to see in the manner in which the Hawks have handled the investigation of Minister Gordhan.  The head of the Hawks, Berning Ntlemeza, is a man who, in March 2015 while serving Acting Head of the Hawks, was found by the North Gauteng High Court Judge Elias Matojane to be “biased and dishonest”, to be lacking “integrity and honour” and to have “made false statements under oath”. The unacceptable behaviour of the Hawks cannot be understood in isolation from this character of the head of this important state organ!  

Issued by Alex Mohubetswane Mashilo, National Spokesperson, SACP, 31 October 2016