National Prosecuting Authority receives representation fron Mr Oupa Magashula and Ivan Pillay

Members of the media are advised that on 17 October 2016, Messrs Oupa Magashula and Visvanathan (Ivan) Pillay, through their lawyers, made representations to the National Director of Public Prosecutions, Adv Shaun Abrahams, whereby they requested the National Director to review the decision to prosecute them as made by Dr Torie Pretorius SC, the Acting Special Director of Public Prosecutions in consultation with the Director of Public Prosecutions, North Gauteng, Adv Sibongile Mzinyathi.

Section 179(5)(d) of the Constitution, which is replicated in s22(2)(c) of the National Prosecuting Authority Act, empowers the National Director, if requested to do so, to review a decision to prosecute or not to prosecute, after consulting the relevant Director and after taking representations, within a period specified by the National Director, from the accused persons, the complainant and any other person or party whom the National Director considers relevant.

Subsequent to the representation of Messrs Magashula and Pillay and in giving effect to the provisions of section 179(5) of the Constitution and section 22(2)(c) of the NPA Act, the National Director has invited Minister Pravin Gordhan through his lawyers, as well as General Ntlemeza, the Head of the Hawks and Mr Tom Moyane, Commissioner of SARS, to make representations before 17h00 on 18 October 2016 in this regard.

The National Director will consider all these representations after which he will pronounce his decision in respect of the matter.

Source: Government of South Africa