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.



High Court Application

Heads of Argument

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Urgent High Court Application

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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.

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