LHR to Stand with Save SA over Gordhan Charges

The announcement made today by the Head of the National Prosecuting Authority, Adv. Shaun Abrahams, to withdraw the fraud charges against Minister of Finance Pravin Gordhan, Oupa Magashule and Ivan Pillay shows just how important it remains for civil society to stand united against state capture and the abuse of our constitutional institutions. 

The Constitution requires that the NPA act “without fear, favour or prejudice”, however clearly these important elements of our criminal justice system were missing from todays’ announcement, not to mention the press conference was held weeks ago to announce the charges.  South Africans have been left wondering what the point of this entire exercise was, other than to further expose such an important body within our constitutional framework to manipulation and distrust. 

There is an old adage regarding the law: ‘justice must not only be done but must be seen to be done’ in order for the public to have confidence in our legal system.  Unfortunately, the NPA has once again had its reputation brought into question.  The only way this will be repaired is by ensuring that there is accountability for the decisions being taken by the NPA’s leadership. 

There is no doubt the NPA is going to face this test again.  Charges against the politically powerful will test any institution.  We hope, however, that the NPA’s leadership will learn from this experience that the best way to protect our legal system from allegations of abuse and state capture is to fall back on the words of the Constitution and act, and be seen to act, without fear, favour or prejudice. 

LHR will stand with Save SA at its People’s Assembly on Wednesday 2 November in Tshwane.  We must stand together to ensure that our institutions remain free from political interference. 

For more information, please contact:

Jacob van Garderen

National Director

Lawyers for Human Rights

Tel: 082 820 3960