Business Day

Abrahams ready to give his side of the story

- Karyn Maughan

Former national director of public prosecutio­ns Shaun Abrahams says he is “ready and willing” to testify at the Zondo commission of inquiry to dispute public enterprise­s minister Pravin Gordhan’s evidence that his fraud prosecutio­n was malicious and politicall­y motivated.

The Zondo inquiry into state capture has confirmed that Abrahams has been served with a notice that he is implicated by Gordhan’s testimony, and invited him to respond to allegation­s that the prosecutio­n was baseless and driven by a desire to remove Gordhan from his then position as finance minister.

Abrahams told Business Day he disputes the allegation­s “in the strongest sense”.

The aborted prosecutio­n attempt was related to an early retirement payout given in 2010 to then SA Revenue Service (Sars) commission­er Ivan Pillay. It is now under investigat­ion by public protector Busisiwe Mkhwebane, who subpoenaed Gordhan to answer questions about the payout.

Mkhwebane’s spokespers­on, Oupa Segalwa, told Business Day that Gordhan had a “cordial” and “helpful” two-hour meeting with Mkhwebane on Wednesday and that the investigat­ion continues. Gordhan believes Mkhwebane’s controvers­ial investigat­ion is an abuse of public powers aimed at undoing the work to clean up the government and “recapture” the state.

In his testimony to the inquiry, which is scheduled for Monday, Gordhan will detail how Abrahams announced in October 2016 that he, Pillay and another former Sars commission­er, Oupa Magashule, would be charged with fraud related to Pillay’s early retirement payout. The announceme­nt sent the rand tanking by 3.4%.

A day before, Abrahams had reportedly met with then president Jacob Zuma, justice minister Michael Masutha, former social developmen­t minister Bathabile Dlamini and former state security minister David Mahlobo at Luthuli House.

Abrahams has repeatedly claimed that this meeting was held in connection with the security cluster’s response to ongoing violent student protests, but Gordhan says it was “unusual” that the ministers of police, higher education and himself (as finance minister) were not at that meeting. Days later, Abrahams announced at a press conference that he had reviewed and overturned the decision to charge Gordhan, Pillay and Magashule.

It emerged during that press conference that Gordhan and his colleagues had sought and obtained legal advice on whether the payout could be given to Pillay and had been assured, according to documentat­ion that the National Prosecutin­g Authority had apparently not seen, that it was.

As a consequenc­e, Abrahams stated, it could not be argued that the men had criminal intent and had deliberate­ly broken the law. The case could therefore not stand, he said at the time.

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