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Presidency explains Gordhan court action

Cape Town - The Presidency finally broke its silence over Minister of Finance Pravin Gordhan on Wednesday - but only to clarify his own position in the banks-related application before the North Gauteng High Court.

"The main applicant in the matter is the minister of finance," a statement from President Jacob Zuma's office said in the only reference to Gordhan's office after leaving the nation hanging by calling him back from London with no public explanation on Monday.

"The President was cited as an interested party on the basis that he would be directly affected by the declaratory order that is sought by the 17th respondent, Standard Bank," the statement continued, referring to Gordhan's application for a declaration that he cannot intervene in a decision by banks to close the bank accounts of Oakbay, majority owned by the Gupta family.

Gordhan dropped in for a cameo appearance at the hearing on Tuesday, along with his deputy Mcebisi Jonas.

It gave reporters there an opportunity to ask if he was still finance minister after the mysterious instruction to come back from London. Gordhan replied with a simple "yes".

The Presidency continued: "Standard Bank was seeking a relief that would affect the President and other members of the Cabinet without properly joining them as parties in the proceedings. 

"For instance, the court would grant an order extending to the Presidency or Cabinet compelling them to do or not to do certain things when they would not have been parties to the proceedings."

The Presidency said an affidavit was placed before court to place on record correspondence between the state attorney and Standard Bank attorneys, to show that the Presidency had tried to avoid their extended order and that they should not have been party to the proceedings in the first place.

The Presidency continued: "In their response, Standard Bank made it clear that they intended to persist with the relief they were seeking, notwithstanding the fact that the Presidency had indicated to them that without a proper joinder application we were not a party to the proceedings.

The order they were seeking is "it is declared that no member of the National Executive of Government including the President and all members of Cabinet, acting of their own accord and or for and on behalf of Cabinet, is empowered to intervene in any manner whatsoever in any decision taken by the 17th respondent to terminate its banking relationships with Oakbay Investments Proprietary Limited and its associated entities".

The Presidency said that the court ruled that it was not part of the application, but could keep a watching brief.

The application continues on Wednesday.

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