Explosive affidavit filed in Gordhan case

Explosive affidavit filed in Gordhan case

Two constitutional rights groups challenging the criminal charges against Finance Minister Gordhan filed a further affidavit yesterday.

Court

Gordhan is facing a charge of fraud in connection with the early retirement of former deputy SARS commissioner, Ivan Pillay. 


Freedom Under Law and the Helen Suzman Foundation say this points to the National Prosecuting Authority (NPA) scrambling for information to bolster its case.


Gordhan and two co-accused are to appear in court on Tuesday. 


Freedom Under Law's Judge Johan Kriegler says the affidavit tells the court that the NPA had apparently never known about the practice, that is quite common, for people to take early retirement and have the employer make good the penalty involved.


"The prosecutors were not told by the person charging the minister that there was a legal opinion on file making plain that the minister, at the time, was told that this is a perfectly, straightforward and honest way of doing things. That document seems to have been withheld from the prosecutors. That is most peculiar and could hardly be in good faith," says Kriegler.

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