The National Prosecuting Authority (NPA) has agreed to allow three former South African Revenue Service (SARS) officials to make representations to review the charges they are set to face by the end of April.
The three officials — Ivan Pillay, Johann van Loggerenberg and Andries Janse van Rensburg — had approached the high court for an urgent application to stay the criminal charges brought against them. But Business Day understands the application will not proceed as expected on Tuesday after last-minute communication with the NPA.
The three were summoned in March to appear in court on April 9 in connection with alleged bugging of NPA offices in 2007. Suspended SARS commissioner Tom Moyane laid the charges that led to investigation and summons of the three.
In his founding affidavit, Van Loggerenberg argues that there would be "substantial prejudice" to him and his co-accused, Pillay in particular, should they appear on April 9. "It has been widely reported that [Pillay] ... is being very seriously considered for reinstatement as a senior official of SARS.... [Pillay] is both willing and able to return to SARS in this capacity if so requested," the affidavit read.
The application is aimed at staying the prosecution of the three pending the completion of a review of the decision to prosecute in which they are requesting an opportunity to make representations on the matter.
The counts the three are set to face are contravening the Regulation of Interception of Communications and Provision of Communication-related Information Act and contravening the Prevention and Combating of Corrupt Activities Act.
Van Loggerenberg says the three had written to National Director of Public Prosecutions Shaun Abrahams requesting him to withdraw the summons, afford them an opportunity to make representations and reconsider the decision taken to proceed with the prosecution. They had received no response.
On Monday, in the NPA’s replying affidavit to the court bid, it said it would allow the three the opportunity to make representations before the end of April, but the court appearance on April 9 should go ahead.
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