National Prosecuting Authority

In November 2016, the HSF’s and Freedom Under Law’s (FUL) lawyers sent a letter to President Jacob Zuma urging him to institute an enquiry into the fitness to hold office of National Director of Public Prosecutions, Adv Shaun Abrahams, Dr Torie Pretorius SC and Adv. Sibongile Mzinyathi and to suspend them pending the enquiry.

Intro

This arises from the highly publicised institution of legal proceedings against the then Miniter of Finance, Pravin Gordhan and the withdrawal of those charges shortly afterwards, after receipt by Adv Abrahams of the papers submitted to court by the HSF and FUL. 

The HSF and FUL then served an urgent application in the High Court to order the President to exercise his power to institute the enquiry into their fitness to hold office and to suspend them pending the enquiry.  The Court dismissed the application for lack of urgency but did not consider the merits.

In March 2017, the President notified the HSF of his decision not to institute an enquiry nor to suspend the persons in question.  Upon request from the HSF, the President provided the reasons for his decision, stating that there is no prima facie evidence pointing to misconduct or lack of fitness and propriety to hold office.  The HSF and FUL has therefore commenced review proceedings of the President’s decision and is awaiting a date for a court hearing.

Press Releases

Joint Press Statement: Abrahams hearing
Nov 23, 2016
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FUL & HSF

The Helen Suzman Foundation and Freedom Under Law release a press statement on tomorrow's hearing regarding the application to compel President Zuma to suspend NDPP Shaun Abrahams

The Helen Suzman Foundation and Freedom Under Law file further papers in court bid to challenge President Zuma's undue delay in suspending NDPP Shaun Abrahams
Nov 18, 2016
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FUL & HSF

The Helen Suzman Foundation and Freedom Under Law have today filed their replying affidavit and heads of argument in their application to compel President Jacob Zuma to suspend the National Prosecuting Authority's Mr Shaun Abrahams (the current National Director of Public Prosecutions), Dr Torie Pretorius SC (the current Head of the Priority Crimes Litigation Unit) and Mr Sibongile Mzinyathi (the current Director of Public Prosecutions for North Gauteng) ("the relevant prosecutors"), pending an enquiry into their fitness to hold office.

Joint Press Statement: HSF and FUL to press on
Nov 07, 2016
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FUL & HSF

On 1 November 2016 the HSF and FUL urged the President to suspend National Director of Public Prosecutions Shaun Abrahams together with two of his senior staff, pending an inquiry into their fitness for office.

Joint Press Statement: HSF urges President to suspend Abrahams
Nov 02, 2016
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FUL & HSF

Yesterday, attorneys acting for Freedom Under Law and the Helen Suzman Foundation sent a letter to President Jacob Zuma, urging him to suspend Shaun Abrahams, the current National Director of Public Prosecutions, and Dr JP Pretorius SC and Sibongile Mzinyathi, pending enquiries into their fitness to hold office.

Files

Correspondence

Urgent High Court Application

Judgment

High Court Application

Record