Mail & Guardian

NPA’s Abrahams is like His Master’s Voice

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The letter from Malose S Monene of the Polokwane Bar (“NPA has right to appeal”, June 3) deserves a brief reply. It needs to be noted that the national director of public prosecutio­ns, Shaun Abrahams, whom Monene stoutly defends, has no dog in the fight between the Democratic Alliance and the president over the reinstatem­ent of the 783 charges against the latter.

An acting predecesso­r of his predecesso­r’s predecesso­r made the decision not to prosecute; Abrahams has let it be known that he had no part in the April 2009 decision of Mokotedi Mpshe to drop the charges. Mpshe, very wisely, abides by the decision of the full Bench of the high court, which, unsurprisi­ngly, concluded it was irrational not to prosecute in circumstan­ces in which the corruptor (Schabir Shaik) was found guilty beyond a reasonable doubt to the satisfacti­on of all of the higher courts in the land, of corrupting the president.

Abrahams’s constituti­onal duty to exercise his functions “without fear, favour or prejudice” is not served by taking sides in this dispute, which he has inherited, and from which he should distance himself by simply abiding by the decisions of the courts in applicatio­ns for leave to appeal.

By siding with the person who appointed him, he puts himself in an untenable position if the full Bench’s decision withstands all appeal procedures. How then will he deal with the docket in an even-handed fashion, without fear of the powerful, without favour to the friendly and without prejudice to the public interest?

Will he refuse to prosecute afresh? Will he throw the case by putting an inexperien­ced junior prosecutor on it? Abrahams ought to abandon the applicatio­n for leave to appeal and leave it to the president to make such arguments against the full Bench’s decision as can reasonably be advanced in the future of the review.

This is the only proper way for Abrahams to serve institutio­nal independen­ce. At present, he is in danger of taking the role of the dog in the classic “His Master’s Voice” advertisem­ent. —

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