Groups’ court bid on Abrahams fails

LOBBY groups the Helen Suzman Foundation and Freedom Under Law have failed in their bid to have National Director of Public Prosecutions, Shaun Abrahams, and two prosecutors suspended pending an inquiry into their fitness to hold office.

The full bench of the high court in Pretoria yesterday struck the application off the roll for lack of urgency, with costs‚ including the costs of two counsel.

Gauteng Judge President Dunstan Mlambo said the relief sought had the effect of the court straying into the executive terrain and this could lead to the violation of the separation of powers doctrine.

In the judgment‚ in which Deputy Judge President Aubrey Ledwaba and Judge Elizabeth Kubushi concurred‚ Mlambo also said the courts should guard against creating precedents where – based on insufficient grounds – ordinary citizens were encouraged to use courts as a platform to dictate to the executive how to do its job.

The lobby groups launched an urgent application with the court on November 9, in which they sought an order declaring that the failure or refusal of President Jacob Zuma to provisionally suspend the prosecutors and institute enquiries into the fitness of Abrahams and two other prosecutors to hold office, be set aside.

They also sought an order directing the president to institute enquiries into the fitness of Abrahams‚ head of Priority Crimes Litigation Unit Torie Pretorius SC and Director of Public Prosecutions in North Gauteng Sibongile Mzinyathi to hold office.

They sought this relief as a result of the manner in which fraud charges were preferred – and later withdrawn – against Finance Minister Pravin Gordhan in two media conferences called by Abrahams last month.

However‚ when court proceedings began yesterday, the court asked advocates for the groups‚ Zuma‚ and the prosecutors to address the court as to whether the matter was urgent.

The reason for this request was that Zuma had written letters to the prosecutors asking them to give him answers on or before November 28 on why they should not be suspended.

Zuma had also requested the organisations on November 7 to give him time to respond to their requests to investigate. The organisations ignored the request and instead went to court.

David Unterhalter SC acting on behalf of the groups, said the matter was urgent‚ because for every day the prosecutors remained in office‚ the reputation of the National Prosecuting Authority would be affected and the public would not have confidence in the NPA. The court said the organisations launched the court application within two days of receiving a request from Zuma that he needed more time.

“The president’s request for more time under the circumstances was not unreasonable.

“This presents clear evidence that the president was considering the matter.”