HSF, FUL application to have Shaun Abrahams suspended struck off roll

The application by the Helen Suzman Foundation (HSF) and Freedom Under Law (FUL) to force President Jacob Zuma to suspend public prosecutions boss Shaun Abrahams and establish an inquiry into his fitness to hold office has been struck off the roll with costs for lack of urgency.

“Relief is only granted in special circumstances when the case for such relief is made out,” said Gauteng Judge President Dunstin Mlambo at the North Gauteng High Court in Pretoria.

The court took issue with the speed at which the applicants made the application, with Mlambo saying it demonstrated the mindset of the applicants.

“It’s unreasonable of the applicant to rush and launch an application ignoring his [Zuma’s] request for more time,” said Mlambo.

The two organisations had approached the court seeking to force Zuma to place Abrahams and his two colleagues Tori Pretorius and Sibongile Mzinyathi on suspension. They also wanted an inquiry instituted against the three to see if they were fit to hold office.

President’s conduct ‘not irrational, unlawful’
The bid was launched following what had been largely described as a blunder over the announcement of charges against Finance Minister Pravin Gordhan and two former South African Revenue of Service officials Oupa Magashula and Ivan Pillay. This was for an early retirement package Gordhan signed off on for Pillay in 2010 while he was commissioner at the revenue service.

Abrahams withdrew the charges on October 31.

In his judgment, Mlambo said the relief sought by the two organisations was mostly based on media reports. He also raised concern over the use of the courts to compel Zuma to do something the applicants wanted him to do. He said this would lead to them straying into the terrain of the executive.

“The case before us deals with very important constitutional issues.”

The full bench of judges said the president’s request for additional time was not unreasonable.

“The conduct of the president was not irrational and unlawful,” said the judge. – News24

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever. But it comes at a cost. Advertisers are cancelling campaigns, and our live events have come to an abrupt halt. Our income has been slashed.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years. We’ve survived thanks to the support of our readers, we will need you to help us get through this.

To help us ensure another 35 future years of fiercely independent journalism, please subscribe.

Matshidiso Madia
Tshidi Madia
Love & Light•Journalist•decided to call myself a lover of things cause you know.

Where is the deputy president?

David Mabuza is hard at work — it’s just not taking place in the public eye. The rumblings and discussion in the ANC are about factions in the ruling party, succession and ousting him

Zuma turns on judiciary as trial nears

Former president says pre-trial correspondence is part of another plot

SANDF inquiry clears soldiers of the death of Collins Khosa

The board of inquiry also found that it was Khosa and his brother-in-law Thabiso Muvhango who caused the altercation with the defence force members

Lockdown relief scheme payouts to employees tops R14-billion

Now employers and employees can apply to the Unemployment Insurance Fund for relief scheme payments

Press Releases

Covid-19 and Back to School Webinar

If our educators can take care of themselves, they can take care of the children they teach

5G technology is the future

Besides a healthcare problem Covid-19 is also a data issue and 5G technology, with its lightning speed, can help to curb its spread

JTI off to court for tobacco ban: Government not listening to industry or consumers

The tobacco ban places 109 000 jobs and 179 000 wholesalers and retailers at risk — including the livelihood of emerging farmers

Holistic Financial Planning for Professionals Webinar

Our lives are constantly in flux, so it makes sense that your financial planning must be reviewed frequently — preferably on an annual basis

Undeterred by Covid-19 pandemic, China and Africa hold hands, building a community of a shared future for mankind

It is clear that building a community with a shared future for all mankind has become a more pressing task than ever before

Wills, Estate Administration and Succession Planning Webinar

Capital Legacy has had no slowdown in lockdown regarding turnaround with clients, in storing or retrieving wills and in answering their questions

Call for Expression of Interest: Training supply and needs assessment to support the energy transition in South Africa

GIZ invites eligible and professional companies with local presence in South Africa to participate in this tender to support the energy transition

Obituary: Mohammed Tikly

His legacy will live on in the vision he shared for a brighter more socially just future, in which racism and discrimination are things of the past

The best local and international journalism

handpicked and in your inbox every weekday