'The law is clearly being abused' Hawks Vs Pravin Gordhan

Finance Minister Pravin Gordhan has issued a statement saying he will not be honouring the Hawks request to present himself to their offices by 14h00 on Thursday 25 August.

This stirred up comments on social media, with people saying that the Minister is not above the law, and that he should allow the law take its course.

However Pierre de Vos, Claude Leon Chair in Constitutional Governance, argues that this is not a case where the law should simply follow its course.

He says the law has not been correctly interpreted and applied according to the available facts. He referred to the the whole debacle against the Finance Minister as an extra legal process, rather than a criminal offence.

A letter written to Minister Gordhan by the Hawks refers to two provisions of two different acts which do not create criminal offence

Pierre de Vos, Claude Leon Chair in Constitutional Governance

He says that the charges of corruption against Minister Gordhan, and facts provided by the Hawks, still do not constitute it as criminal offence.

It is a bit vague to say we should let the law take its course because the law is clearly being abused

Pierre de Vos, Claude Leon Chair in Constitutional Governance

De Vos also questioned the fact that the Hawks accuse Finance Minister Pravin Gordhan of acting corruptly by granting early retirement to the former deputy head of Sars, Ivan Pillay, a decision which was made by former Sars commissioner Oupa Magashula.

It is overwhelming that the Hawks are targeting one particular individual despite the fact that there is no legal basis for it

Pierre de Vos, Claude Leon Chair in Constitutional Governance

Listen to the full conversation below:


Recommended

by THE NEWSROOM
Read More
EFF will be calling for a dissolution of Parliament - Julius Malema

EFF will be calling for a dissolution of Parliament - Julius Malema

EFF will not be taking part in the elections of the new president this afternoon and want to call for early national elections.

Tweeps have a field day now that #ZumaHasFallen

Tweeps have a field day now that #ZumaHasFallen

South Africans took to social media to have their say following news that Jacob Zuma has resigned as president of the country.

Water and Sanitation Dept kicks off #SaveWater campaign in Cape Town

Water and Sanitation Dept kicks off #SaveWater campaign in Cape Town

The department is encouraging all South Africans to keep saving water as parts of country grapple with one of the worst droughts.

It's all systems go for #SONA2018

It's all systems go for #SONA2018

Parly spokesman Moloto Mothapo says everything is ready for the State of the Nation Address which is scheduled for Friday.

More than 4 000 learners to be placed by end February - WCED

More than 4 000 learners to be placed by end February - WCED

The department says it has experienced an influx of walk in learners from other provinces compared to previous years.

"City could be placed under admin if motion swings in De Lille's favour"

"City could be placed under admin if motion swings in De Lille's favour"

It's unclear how the motion in CoCT would go but if it's in De Lille's favour it will complicate things, says Sanusha Naidu.

Popular articles
Social media give President Ramaphosa the nod

Social media give President Ramaphosa the nod

Social media reacts with love and hope to President Ramaphosa's maiden State Of the Nation Address.

‘Maimane, Malema will find Ramaphosa harder to deal with than easy-target Zuma’

‘Maimane, Malema will find Ramaphosa harder to deal with than easy-target Zuma’

Afternoon Drive’s Stephen Grootes interviews Senior Research Associate at the Institute for Security Studies Judith February.

EFF's walk out was bizarre - Baleka Mbete

EFF's walk out was bizarre - Baleka Mbete

Speaker of Parliament Baleka Mbete shares her views on the future of Parliament and the readiness for Sona 2018

Hawks video shows fugitive Ajay Gupta leaving SA

Hawks video shows fugitive Ajay Gupta leaving SA

The Hawks are in possession of video footage showing Gupta, wanted in connection with Vrede dairy farm scandal, leaving SA.

Hope Ramaphosa: Cyril never lifted a finger to me, he wouldn't beat a woman

Hope Ramaphosa: Cyril never lifted a finger to me, he wouldn't beat a woman

Cyril Ramaphosa's ex-wife says abuse allegations spread by EFF leader Julius Malema are an attempt to tarnish his reputation.