National Director of Public Prosecutions Shaun Abrahams has invited Finance Minister Pravin Gordhan to make representations to him on Tuesday.

The invite was also extended to Hawks head Berning Ntlemeza and Sars commissioner Tom Moyane.

The National Prosecuting Authority on Monday confirmed the invitation, despite Gordhan’s public pronouncement that he would not be making representations.

The three had until 17:00 on Tuesday to send their representations.

Abrahams announced last week that Gordhan, former Sars deputy commissioner Ivan Pillay and former commissioner Oupa Magashula would be charged with fraud in relation to an early retirement pay-out granted to Pillay in 2010, and the extension of his contract.

Decision

They are expected to appear in the Pretoria Regional Court on November 2.

The NPA said in a statement that Pillay and Magashula, through their lawyers, made representations to Abrahams on Monday.

They asked Abrahams to review the decision to prosecute them, as made by Torie Pretorius SC, the acting special director of public prosecutions, in consultation with the director of public prosecutions, North Gauteng, Sibongile Mzinyathi.

Abrahams told Parliament’s justice committee last week that he was not the one who made the decision to prosecute.

Sections in the NPA Act and Constitution empowered him to review a decision to prosecute or not, after consulting the relevant director and after taking representations.

These representations could be from the accused, the complainant, and other persons or parties the director considered relevant.

Gordhan decided against making representations last week on the advice of his lawyers.

Lawyer Tebogo Malatji said on Gordhan’s behalf on Friday: "The main reason for his decision is that he does not have any confidence in the NDPP's ability or willingness to afford him a fair hearing. First, we repeatedly asked the NPA to afford the minister an opportunity to make representations to them before they decided whether to prosecute the minister, but they spurned our requests."

When announcing his decision to charge Gordhan, Abrahams had been clear on his commitment to the prosecution, Malatji said.

"Having now had an opportunity to study the charges against the minister, it is also clear to us that they manifest a resolute and not well-founded determination to prosecute the minister at all costs. Any representations to the NDPP would accordingly be pointless."