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 on Thursday.
“It was ill advised and certainly unreasonable for the applicants [Helen Suzman Foundation and Freedom Under Law] 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 judgement 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 and that are in the public interest and in the public domain.”
Mlambo said the matter involved the NPA, a key institution supporting the South African democracy, the issues could not be properly traversed in a court sitting on an urgent basis.
“It is in our view not he 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 judgements.”
Mlambo said the HSF and FUL submitted insufficient grounds to prove the need for “urgent relief”. He also cautioned that courts always steer clear of meddling in the issues under the authority of the executive arm of the state under the separate 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.”
After giving the reasons, Mlambo said the three judges had reached a single conclusion.
“There can be only one conclusion. This application is struck off the roll for lack of urgency, with costs,” ruled Mlambo.
HSF and FUL approached the court with an application to compel Zuma to suspend the senior NPA officials, which include Abrahams, head of the prosecuting authority’s priority crimes litigation unit Torie Pretorius and North Gauteng director of public prosecutions Sibongile Mzinyathi.
The two civic society groups insist that the top NPA officials must take the blame for bringing baseless criminal charges against Gordhan, a prosecution which they said damaged the reputation of the National Prosecuting Authority and cost the South African economy dearly.
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.
The NPA top brass is under enormous pressure after charges were laid, and later withdrawn against Gordhan and former SA Revenue Services officials Ivan Pillay and Oupa Magashula.
South Africa Today – South Africa News
