Is Mkhwebane personally liable for costs in Absa matter? ConCourt to rule on Monday

22 July 2019 - 07:00 By Nomahlubi Jordaan
Public Protector Busisiwe Mkhwebane in her offices in Pretoria File Photo
Public Protector Busisiwe Mkhwebane in her offices in Pretoria File Photo
Image: SIMPHIWE NKWALI

The Constitutional Court will rule on Monday whether a judgment of the high court - which found the public protector personally liable for the costs in the matter involving her office and the SA Reserve Bank - should stand.

In 2017, the Pretoria high court set aside public protector Busisiwe Mkhwebane's remedial action to change the Reserve Bank's mandate.

Mkhwebane had recommended that the constitution be amended to change the mandate of the SA Reserve Bank.

This was contained in a report that followed her investigation into an apartheid-era bailout by the regulator of Bankorp‚ which Absa bought in 1992.

She also ordered Absa to repay R1.12bn.

The Bank took Mkhwebane's remedial action on review to the high court, which set it aside and ordered her to pay the costs of the application.

The Constitutional Court judgment comes days after Mkhwebane released her findings in an investigation on a R500,000 donation president Cyril Ramaphosa received from Bosasa for his presidential campaign in 2017.

Mkhwebane said Ramaphosa had misled parliament and acted in violation of the provisions of the Executive Ethics Code.

She referred prima facie evidence of money laundering uncovered during her investigation to the National Prosecuting Authority (NPA).

Mkhwebane also gave the speaker of the National Assembly 30 days to refer her finding that Ramaphosa has violated the code of ethical conduct to the joint committee on ethics and members' interests for consideration.

Mkhwebane has also directed the national police commissioner to investigate criminal conduct against former Bosasa CEO Gavin Watson for violation of section 11 (3) of the Public Protector Act by lying under oath when she interviewed him in her office.

Jacob Zuma spent his second day before deputy chief justice Raymond Zondo at the commission of inquiry into state capture on July 16 2019. Zuma answered some questions well, while other answers were questionable.


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