NPA head Shaun Abrahams is unfit for office and must be suspended, the Helen Suzman Foundation and Freedom Under Law are arguing.

The two organisations have launched an application to order President Jacob Zuma to suspend Abrahams, along with the head of the priority crimes litigation unit, Dr Torie Pretorius, and director of the public prosecutions for North Gauteng, Advocate Sibongile Mzinyathi

“The National Prosecuting Authority, acting through these three officials, brought obviously baseless criminal charges against Finance Minister Pravin Gordhan, [and former Sars officials] Ivan Pillay and Oupa Magashula,” read a statement from the HSF.

It said the move to announce charges against the three and then withdraw the charges just days before they were due to appear in court undermined respect for the South African criminal justice system and punched a hole in the economy.

Gordhan, Pillay and Magashula were charged with fraud in relation to a 2010 early retirement package for Pillay, which Gordhan signed off on.

Abrahams withdrew charges against the three on October 31, saying he had considered a 2009 memorandum from a legal executive at the revenue service which found that there were no reasons why Pillay could not retire early and be re-appointed.

The two organisations have said Abrahams and the two others should not hold the offices they occupy.

“It would be irrational for the president not to exercise the power to suspend the three,” reads the statement.

FUL and HSF have asked that the president takes such action on his own accord, as opposed to them having to go through the courts in order to compel him to do so.