Abrahams survives court suspension bid
Full bench of high court strikes application off roll for ‘lack of urgency’
THE COURT application aimed at forcing President Jacob Zuma to urgently suspend National Director of Public Prosecutions Shaun Abrahams and two other top National Prosecuting Authority (NPA) officials was rejected by the High Court in Pretoria yesterday.
“It was ill-advised and certainly unreasonable for the applicants (Helen Suzman Foundation [HSF] and Freedom Under Law [FUL] ) to rush and launch this application, brushing aside the request for more time from the president,” Gauteng Judge President Dunstan Mlambo said as he delivered judgment on behalf of a full bench of three judges.
“We hold a strong view that urgent relief, and we are supported in this regard by ample judicial authority, is granted in special circumstances in matters where a proper case for such relief is made out. The case before us deals with very important constitutional issues that are in the public interest and in the public domain.”
Judge Mlambo said the matter involved the NPA, a key institution supporting the South African democracy, and the issues could not be properly traversed in a court sitting on an urgent basis.
“It is in our view not the type of matter, particularly the facts and issues it raises, that can be properly dealt with within the exigencies of the urgent court where there is no adequate opportunity for judges to reflect on the issues raised and to reach sound conclusions and judgments.”
Judge Mlambo said the HSF and FUL submitted insufficient grounds to prove the need for “urgent relief”. He also cautioned that courts always steered clear of meddling in the issues under the authority of the executive arm of the state under the separation of powers principle.
“The relief sought has the potential for this court to stray into the executive terrain which could, if not properly considered, violate the separation of arms doctrine. This could have the judiciary straying into the terrain of the executive,” he said.
“We should also guard, as a court, against creating precedence where based on insufficient grounds and inadequate foundation, to encourage ordinary citizens to use the courts as a platform to dictate to the executive how it should do its work.
“There can be only one conclusion. This application is struck off the roll for lack of urgency, with costs,” ruled Judge Mlambo.
HSF and FUL approached the court with an application to compel Zuma to suspend the senior NPA officials, which included Abrahams, head of the prosecuting authority’s priority crimes litigation unit Torie Pretorius and North Gauteng director of public prosecutions Sibongile Mzinyathi.
Zuma has already written to the three NPA officials, asking them to provide reasons why they should not be suspended pending an inquiry into their fitness to hold office. They were given until Monday to do so. – ANA