NPA's motive to charge Gordhan questioned

Attorney Tyrone Maseko says he has never seen or heard of anyone being charged with fraud for granting early retirement, not even by the NPA. There is just no evidence of it, he says.

The NPA on Tuesday served Finance Minister Pravin Gordhan with a formal summons to appear in court on November 2 over fraud charges.

Maseko says when one considers all the corruption and fraudulent behavior that's going on in South Africa, with people avoiding the law, one has to question the NPA's motive.

A lot of people are granted early retirement, can that really be seen as fraud?

Tyrone Maseko, founder of T Maseko Attorneys

What is required for a fraud conviction is that there should be an intentional misrepresentation that leads to prejudice, say Maseko.

Frankly, we talking about liars here, people who lie to get their way to the prejudice of a third party and doing it intentionally... this is what fraud is.

Tyrone Maseko, founder of T Maseko Attorneys

Maseko says it needs to be looked at whether Minister Gordhan had an intention to defraud the State and whether he had the power to make such a decision to grant Ivan Pillay early retirement.

It is very clear that this matter is not going to run its course, I don't think there will be a conviction here.

Tyrone Maseko, founder of T Maseko Attorneys

Listen to the full conversation below:

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