Calls for top state capture advocates to step down
The Anti-Poverty Forum (APF) has called on the commission of inquiry into state capture to remove evidence leader Paul Pretorius and senior counsel, Advocate Vincent Maleka.
The forum believes both advocates will not be impartial, specifically when it comes to the evidence by Public Enterprises Minister Pravin Gordhan.
The commission’s chair, Deputy Chief Justice Raymond Zondo, addressed the issue at the start of proceedings on Monday.
“I think that those who may wish that Mr. Pretorius rescues himself should write to the commission, with a substantiation of the allegations so that they can be looked into properly. But from what Mr. Pretorius has told me so far within the time available to him, I am satisfied that there is no problem with him continuing. If and when at a later stage there are other facts that are put before me the matter will be looked into,” said Zondo.
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The letter, seen by Jacaranda FM News dated 18 November and signed off by the forum’s Director Phapano Pasha, claims Pretorius may have close links to Gordhan.
“The same perception on conflict of interest also permeates with the commission evidence leader Adv Pretorius SC be it direct or perceived. Adv Pretorius SC represented Mr. Adrian Lackay at the CCMA in a matter between Lackay v SARS on pro bono for well over 200 hours. It is common cause that both Minister Pravin Gordhan and Adrian Lackay have long-term personal and professional relationship spanning for over 15 years which has developed into a father-son relationship.
"It was therefore not surprising that upon his appointment as the Minister of Public Enterprise the first thing Minister Gordhan did was to appoint his former spokesperson at SARS, Mr. Lackay as his personal spokesperson without the position being advertised.”
The forum says there are similar concerns over Maleka’s impartiality.
“The concerns on impartiality, fairness, and independence are exuberated because advocate Maleka SC also represented Standard Bank which supported the relief that was sought by Minister Pravin Gordhan on the matter regarding the Gupta's alleged bank account. It is well known that the central protagonist behind the Gupta bank account case was Minister Pravin Gordhan whose main objective was to prove that the bank statements by the Guptas was tantamount to state capture. It is also public knowledge that Adv Maleka has a long history with the law firm Webber Wentzel which also legally represents Vytjie Mentor, who is regarded as a key witness of the State Capture Commission,”
Phasha says the forum will head to court should the two not recuse themselves.