Giving someone retirement package does not warrant fraud charges - Judge Yacoob

Former Constitutional Judge, Zak Yacoob, gives his opinion on the case against Finance Minister Pravin Gordhan, saying it is difficult to understand how National Director of Public Prosecutions, Shaun Abrahams exercised the discretion to prosecute Gordhan.

He says all Gordhan did when he was commissioner at Sars was to approve the recommendation from Sars that Ivan Pillay should receive his retirement package, to which he was entitled. he was then reinstated because he was necessary to Sars.

Yacoob says this same practice happens all the time in the corporate sector and does not warrant being called fraud.

He says the way things were done also raises eyebrows because the summons was delivered at his house instead of through his lawyers without giving Gordhan and his lawyers an opportunity to make representations.

Firstly I say there is no case and even if there is somewhat of a case, giving someone a retirement package and then let them carry on because they are necessary to the organisation does not seem to me to be the kind of offense which you'll charge to put the whole country at risk.

Justice Zak Yacoob, former justice of the Constitutional Court

Listen to the full conversation below:

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