Scathing judgment sparks calls for Mkhwebane sacking

In a blow to Public Protector Busisiwe Mkhwebane, her Bankorp-CIEX report, which ordered Absa to pay R1.125bn, was set aside in a scathing judgment by the Gauteng High Court (Pretoria) on Friday, and immediately brought calls for her sacking, or, at the very least, a full investigation of her actions, notes Legalbrief. The court also set aside the remedial action she recommended and Justice Cynthia Pretorius ordered Mkhwebane to pay 15% of the SA Reserve Bank's costs in her personal capacity, says a Fin24 report. The remaining 85% will be paid by her office which also has to pay the costs of Absa on an attorney and client scale, including the costs of three counsel. The matter was heard in December over three days before a full Bench of judges, including Pretorius, Judge Nomonde Mngqibisa-Thusi and Judge Dawie Fourie. It relates to the report Mkhwebane released in June, where her findings called for Absa to repay R1.125bn for a lifeboat provided to Bankorp by the Reserve Bank during the apartheid era. Both the SARB and Absa had filed court applications to have the court review the report and set it aside. The SARB, in particular, sought a declaratory order that Mkhwebane abused her powers. During the court proceedings Gilbert Marcus SC, for Absa, argued that Mkhwebane failed to adhere to procedural fairness. She had refused Absa's request to meet with her prior to the publication of the final report but met with Black First Land First, which was a strong opponent of Absa and wanted Absa to repay the debt. In return Mkhwebane's, lawyer Paul Kennedy SC had argued that if the court granted the declaratory order, it would prepare the ground for the Public Protector to lose her job. He said the court was being used to prepare the ground for the removal of Mkhwebane as Public Protector, and appealed to the court not to be part of the strategy or approach of the SARB.