The National Prosecuting Authority (NPA) says people who believe it should start prosecuting those named in the Gupta-leak emails have forgotten that the African National Congress (ANC) decided to remove its prosecution-led investigative capacity at Polokwane.
It’s also denied claims from the Democratic Alliance (DA) that it has a culture of selective prosecution and is refusing to decide whether to charge President Jacob Zuma with corruption over Nkandla.
On Tuesday, DA leader Mmusi Maimane said he had written to Zuma asking him to suspend NPA head Shaun Abrahams immediately because he had failed to lay charges against those named in the emails.
The NPA’s Luvuyo Mfaku says it’s not true that they’ve remained silent while people like Finance Minister Malusi Gigaba, Mineral Resources Minister Mosebenzi Zwane and Duduzane Zuma have been named in the Gupta-leak emails.
“People must remember the Polokwane resolution; where the NPA was told that it cannot be the referee and the player. The Directorate of Special Operations (DSO) was disbanded and our powers to conduct investigations were removed.”
And he says Abrahams would not be afraid of deciding to prosecute President Zuma because his tenure is protected by the NPA Act.
“So, that gives him powers to prosecute anyone.”
But Abrahams was strongly criticised last year after first allowing the NPA to charge then Finance Minister Pravin Gordhan and then withdrawing the charge.