Helen Suzman Foundation Ready To go Back To Court Over Abrahams

President Jacob Zuma "is applying his mind" about the allegations against Shaun Abrahams and two colleagues. But that could take a long time, says the organisation.
Avocates Nomgcobi Jiba (left) and Shaun Abrahams, national director of public prosecutions.
Avocates Nomgcobi Jiba (left) and Shaun Abrahams, national director of public prosecutions.
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President Jacob Zuma could find himself back in court in January if he doesn't "apply his mind" quick enough to the representations sent to him by Shaun Abrahams and his colleagues.

Francis Antonie, director of the Helen Suzman Foundation (HSF), told HuffPost SA it is unclear how long Zuma will take to consider representations from Abrahams, National Director of Public Prosecutions (NDPP), and his colleagues, Torie Pretorius and Sibongile Mzinyathi, about why they should not be suspended.

The Presidency has replied to a letter from the HSF saying Zuma "will apply his mind" whereafter a decision will be communicated to the three as well as to the public.

The Presidency has replied to a letter from the HSF saying Zuma "will apply his mind" whereafter a decision will be communicated to the three as well as to the public.

"We don't know how long he will take. It could be three weeks, three months or three years. What I can say however, with much conviction, is that Zuma is certainly not applying his mind at the moment, because the letter is written in the future tense," says Antonie.

Civil society organisations HSF and Freedom Under Law last month asked the high court in Pretoria to force Zuma to suspend Abrahams, Pretorius and Mzinyathi after they first charged and then dropped charges against Minister of Finance Pravin Gordhan. The HSF and FUL argue the three aren't fit and proper to serve in their positions. A full bench of the court declined the application, saying the case wasn't urgent and that the president needs time and space to consider the facts.

Webber Wentzel, the firm representing both the HSF and FUL, asked the Presidency in a letter dated December 7 to provide it with the prosecutors' representations and to determine a date when Zuma will make a decision about their suspension.

According to the state attorney's reply, dated December 13, the president considers the allegations against Abrahams, Pretorius and Mzinyathi "serious". "Indeed, the matter is both urgent and of public importance and it is within this context that Zuma will apply his mind having regard to all the prescripts of the law which apply, whereafter an evaluation will be done and a decision made," it reads.

There is no indication when Zuma will make a decision. The representations Webber Wentzel asked for have also not been supplied.

There is no indication when Zuma will make a decision. The representations Webber Wentzel asked for has also not been supplied.

"The longer this issue is dragged out the bigger the impact on the National Prosecuting Authority (NPA) will be," says Antonie.

"Already we have moves to take out Robert McBride, head of the Independent Police Investigations Directorte (Ipid), with charges relating to events in 2009, never mind the charges of treason against him and others that were laid last week.

"Have the security establishment now become a law unto themselves? If, after New Year's Day, we haven't heard anything, we will go back to court."

Dr. Bongani Ngqulunga, Zuma's spokesperson, has been asked for comment. We will update this story when it is received.

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