Gordhan/Gupta row: court to decide soon

After two days of deliberations, Judge Mlambo reserves judgment

THE NORTH Gauteng High Court reserved judgment in the application for a declaratory order filed by Finance Minister Pravin Gordhan against the Gupta-owned Oakbay Investments. After two consecutive days of lengthy arguments, Gauteng Division Judge President Dunstan Mlambo, on behalf of a full bench, said yesterday the court’s decision would be known soon.

“We’re going to reserve our decision. We understand that parties are anxious to know which way we are going, so will try and take that into account. Hopefully we won’t take very long in coming back with the decision,” Judge Mlambo told the court packed with legal representatives including numerous senior counsel.

Earlier, Oakbay Investments told the court that there was no need for Gordhan to seek the declaratory order relating to the Gupta-owned entity’s wrangle with South Africa’s major banks.

“The Supreme Court of Appeal held that even a court does not have the power or obligation to interfere in the private relationship between a banker and its client. It really is remarkable that the minister seeks affirmation by this court of a decision that he took, that is he was not empowered to intervene. That is the thrust of our argument,” advocate Cedric Puckrin, for Oakbay Investments argued in court.

“There is nothing, with respect, contradictory in the positions that we have adopted.

“We of course accept the law but we say that is no reason to bother the courts with what we are going to demonstrate is an idle, abstract, moot point and take up the time of this court and the gallery behind me, with what is really a settled issue in law.”

Puckrin said it would be an untenable situation if all government officials rushed to courts seeking affirmation of decisions.

Gordhan has approached the court, seeking a declaratory judgment endorsing that he cannot intervene in the dispute between Oakbay Investments and the major banks that closed the company’s bank accounts.

Puckrin argued that counsel for Nedbank, advocate Alfred Cockrell, had incorrectly told the court that there was “an alive dispute at the time” Gordhan made the court application.

“Long before then, the legal position (that Gordhan cannot lawfully intervene) had been accepted. Secondly, there was no letter of demand. There was absolutely no indication that the minister was suddenly going to bring this application in order to allow Oakbay to consider its situation,” said Puckrin.

Advocate Vincent Maleka, for Standard Bank, told the court that Oakbay Investments wanted Gordhan to intervene illegally in its dispute with top South African banks. – ANA