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: