Zuma decides not to suspend NPA boss Abrahams

In a presidency statement on Friday, it was announced that President Jacob Zuma has decided not to suspend the national director of public prosecutions, Advocate Shaun Abrahams.

The others who have avoided the chop were the North Gauteng director of public prosecutions, Advocate Sibongile Mzinyathi, and the acting head of the priority crimes litigation unit, Dr Torie Pretorius, following their submissions to the president on why they should not be suspended pending the outcome of the inquiry into their fitness to hold office.

Abrahams in particular was highly criticised for announcing he would be charging Finance Minister Pravin Gordhan, only to withdraw those charges the day before Gordhan was due to appear in court.

Various civil society groups called for him to be fired, though Abrahams said that he had been given an improper legal opinion by Pretorius. This was despite him having declared at an earlier press conference that “the buck stops with me”.

In the statement, the presidency said: “In considering this matter, the President had to place weight to the provisions of section 179 of the Constitution of the Republic of South Africa, 1996, which guarantees the independence of the National Prosecuting Authority and those of its officials.

“Having considered the submissions received from the three prosecutors and concerns raised by the Helen Suzman Foundation and Freedom Under Law regarding their conduct in as far as it relates to the decision to charge and review the charges against Minister Pravin Gordhan, Mr Ivan Pillay and Mr Oupa Magushula, the President could not find substantiation for the claim that Adv Abrahams, Adv Mzinyathi and Dr Pretorius’s conducts [sic] were actuated by ulterior motive or any other improper motive which would give rise to a charge of misconduct or that they are no longer fit and proper to hold office.

“It is the President’s well considered view that there is no prima facie evidence pointing to the conduct of three prosecutors, constituting misconduct or lack of fitness and propriety to warrant the invocation of the provisions of section 12(6) read with 14(3) of the National Prosecuting Authority Act.

“Taking the aforementioned into consideration the President decided not to provisionally suspend Adv. Abrahams, Adv Mzinyathi and Dr Pretorius and hold an enquiry into their fitness to hold office as envisaged in section 12(6) read with 14(3) of the Act.”

Zuma last week also announced late on Friday that he would not suspend disbarred NPA officials Advocate Nomgcoba Jiba and Advocate Lawrence Mrwebi, since they had taken the decision to strike them off the roll on appeal.

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