South Africa: ConCourt Orders Public Protector to Pay Costs After Bankorp Report 'Falsehoods'

Seats of the Constitutional Court (file photo).
22 July 2019

Cape Town — The Constitutional Court has ruled that Public Protector Busisiwe Mkhwebane put forward a "number of falsehoods" in her investigation into the South African Reserve Bank's apartheid-era Bankorp bailout, Fin24 reports.

The case's origin stems from Mkhwebane's 2017 decision that the Special Investigation Unit must recoup R1.125-billion from Absa after the Reserve Bank in the apartheid years gave an illegal "lifeboat" to the bank's predecessor, Bankorp, writes Daily Maverick.

Justice Sisi Khampepe, who delivered the majority judgment, said: "The Public Protector’s entire model of investigation was flawed.  She was not honest about her engagement during the investigation.

"In addition, she failed to engage with the parties directly affected by her new remedial action before she published her final report.  This type of conduct falls far short of the high standards required of her office."

Mkhwebane was ordered to personally repay 15% of the SA Reserve Bank's legal costs, an estimated R900,000 (U.S.$64, 653), according to The Sowetan.

Mkhwebane's applications for leave to appeal the ruling in the High Court and the Supreme Court of Appeal were refused.

See What Everyone is Watching

More From: allAfrica

Don't Miss

AllAfrica publishes around 700 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.