Lawyers advise Gordhan not to meet the Hawks

FINANCE Minister Pravin Gordhan will not present himself‚ as requested by the Hawks today‚ citing legal reasons and other commitments.

“I do not intend to present myself for a warning statement for many considerations‚ both legal and given my other commitments.

“I remain committed to assist the Hawks in any bona fide investigation as stated in my statement‚” Gordhan said in a statement yesterday.

“I have a job to do in a difficult economic environment and serve South Africa as best I can. Let me do my job‚” he said.

After receiving advice from his attorneys‚ he was advised he was not obliged to attend the meeting.

Gordhan confirmed the Hawks had written to him requesting that he present himself for a “warning statement” regarding the unit’s investigation into the allegations of a covert unit at the SA Revenue Service during his tenure as commissioner.

“I am advised by my legal team that the assertions of law made by the Hawks in their letter of 21 August 2016 are wholly unfounded on any version of the facts‚” he said.

“There are two matters raised by the Hawks and these are contravention of the National Strategic Intelligence Act‚ 39 of 1994, as well as Sections 34 and 81(2) of the Public Finance Management Act‚ 1 of 1999.”

Gordhan received a letter from the Hawks on Monday‚ demanding that he present himself to provide the unit with a warning statement – implying that he is a suspect and that he could be arrested.

Gordhan has maintained that the setting up of the alleged covert unit at SARS was above-board and had ministerial approval.

In a further indication that knives are out for Gordhan‚ SARS has also launched an investigation into IT contracts as part of the “modernisation project” awarded during Gordhan’s tenure as SARS commissioner.

The revenue service has asked accounting firm Grant Thornton to conduct an audit of the contracts.

Shortly after the news broke on Tuesday‚ the rand fell sharply against the dollar‚ from R13.4547/$ in midafternoon trade to R13.6978/$ at 6pm‚ about 0.8% lower on the day.

EFF leader Julius Malema said yesterday that Gordhan was not above the law and should face the Hawks to clear his name.

He said Gordhan should subject himself to the judicial processes of the country. Malema said that if Gordhan had not done anything wrong, no court in the country would find him guilty – but said the rule of law needed to be respected and followed.

“Let him not be a cry baby; we’ve all been there,” he said.

He also said the “markets must stop being stupid” and reacting emotionally to news regarding Gordhan.

Malema also said if Gordhan believed the request by the Hawks was outside of legal procedure, he should tell them “I’m not coming”.

If the Hawks still wanted to arrest Gordhan, they knew his address.

Malema said the Hawks in Cape Town had called him while he was on the campaign trail to present himself to them regarding breakages in parliament and said he told them “I don’t have time to play”. — TMG Digital / BDlive