Two constitutional rights groups challenging the criminal charges against Finance Minister Pravin Gordhan on Wednesday filed a further affidavit suggesting that the National Prosecuting Authority (NPA) was casting about for information to bolster the case.

Freedom Under Law and the Helen Suzman Foundation said in their supplementary papers that they became aware on Wednesday that a subpoena was issued to the CEO of the Government Pensions Administration Agency last Thursday.

The subpoena, which is attached to their affidavit, instructs Krishen Sukdev to provide copies of documents submitted relating to the early retirement of former South African Revenue Services deputy commissioner Ivan Pillay as well as an affidavit explaining the approval of requests from 3000 other government employees to retire before the age of 60.

It also demands proof that Gordhan was responsible for such approval in five cases.

The director of the Helen Suzman Foundation, Francis Antonie, said the subpoena showed that the NPA rushed to charge Gordhan without having sufficient evidence and was belatedly trying to build a case.

“The subpoena is an indictment of the investigative and prosecutorial process,” he argued in the submission.

“It is also clear that the NPA … had never completed sufficient investigations nor had sufficient evidence to take the formidable decision to prefer charges against Minister Gordhan.”

FUL and the foundation have gone to court to force the NPA to withdraw a fraud charge against Gordhan relating to the decision to allow Pillay to take early retirement with full benefits.

The finance minister is due to appear in court on November 2.