High court grants Gupta and reject Gordhan’s FIC report
The High Court in Pretoria has rejected Finance Minister Pravin Godhan’s papers that he submitted with the aim to prove that Gupta’s transactions that led to bank account closures were suspicious.
Gordhan submitted the FIC certificate to the high court in his failed attempt to prove that transactions totaling to R6.8 billion were suspicious. This means that Gordhan cannot rely on the certificate to justify why banks closed Gupta accounts.
Judge President Mlambo said that Gordhan’s section that was struck off the roll together with others had nothing to do with the crisp legal question before the court. The question is whether minister Gordhan has power to intervene in a bank/client relationship.
The court also rejected Gordhan’s affidavit written by his Deputy Minister Mcebisi Jonas which described how Ajay Gupta allegedly tried to bribe him by offering him the job of former finance minister Nhlanhla Nene. This can no longer be used to support Gordhan’s arguments in court.
Judge President Dunstan Mlambo and Judge Lebogang Modiba harshly criticized Gordhan for trying to distract the court from the real legal issue before it.
Gordhan’s legal representative, Advocate Jeremy Gauntlett SC tried to sway the court to consider his client’s submission. “We wished there were less distraction. But we need to make our case. For me to be here to ask what I’m asking is important”.
Both Judges stuck to their guns and struck off the roll the two sections from Gordhan’s submission, a move that will weaken his case.