Prosecutions head Shaun Abrahams was met with some annoyance when he gave a detailed explanation for why criminal charges had been laid against Finance Minister Pravin Gordhan. But the explanation was revealing. It warrants a closer look, to assess whether the costly debacle was a good faith process, albeit a bungle, or something more nefarious. Abrahams on Monday said he had decided to drop the fraud charges against Gordhan, former South African Revenue Service (SARS) commissioner Oupa Magashula and former acting commissioner Ivan Pillay after their "representations". After the representations — submissions and documents — Abrahams said he had become convinced that it would have been impossible to prove Gordhan, Pillay and Magashula knew the law was being broken and that they intended to commit fraud. A fraudulent intention is a requirement for a conviction. A crucial document appeared to be a 2009 memorandum from SARS legal officer Vlok Symington, which cleared the early retiremen...
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