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Public protector must pay central bank legal costs

Mkhwebane will now be liable for 15% of the Reserve Bank’s costs.

South Africa’s top court ruled that the nation’s graft ombudsman was personally liable for a portion of the legal fees incurred by the central bank when it sought a review of her findings against it that questioned its mandate.

Public protector Busisiwe Mkhwebane should pay 15% of the Reserve Bank’s costs, the Constitutional Court ruled in Johannesburg on Monday, upholding an earlier finding by the High Court that Mkhwebane had appealed.

Read: Court ruling could undermine public protector

The ruling read by Judge Sisi Khampepe adds to legal woes for Mkhwebane after President Cyril Ramaphosa said on Sunday he will seek an urgent judicial review of her findings that he violated the constitution and executive ethics code when he misled lawmakers about a campaign donation. Since she took over the office in 2016, she’s been accused of bias by the High Court, and almost a third of the reports issued during her tenure are facing legal challenges.

Read: Ramaphosa takes public protector’s decision on review

The cost order relates to a 2017 report in which Mkhwebane said Absa owed the state more than R1 billion ($72 million) after it unduly benefited from government support when it bought Bankorp from Sanlam after the central bank helped keep the lender afloat in the days before apartheid ended. The public protector also proposed changing the Reserve Bank’s inflation-targeting mandate, a bid scrapped by the High Court in August of that year.

The court ordered Mkhwebane’s office to pay Absa’s legal costs for the application and said she should cover a portion of the central bank’s expenses personally.

© 2019 Bloomberg L.P.

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COMMENTS   16

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This Public Disaster Instigator is a mere tool in the hands of the Zuma faction of the ANC. She is the wedge that splits the ANC apart. There goes “unity”.

The ANC had this coming. Luthuli House is nothing more than a loose affiliation of looters.

“There are some ignorant and immoral politicians, the more they win the elections the more their countries lose! Their victory always results in the defeat and the collapse of the whole country!”
― Mehmet Murat ildan

I see you had a misspelling, allow me to correct:

“…The ANC had this coming. Loot Freely House is nothing more than…”

🙂

This was a fruitless exercise from the start. It was investigated previously and had already been ruled on. I believe the case was opened to divert the nation’s attention from the government shortcomings. Even if the case succeeded I am sure that ABSA would have appealed the ruling.

The barbarians are beyond the gate and sitting as the PP.

Hope some patriotic NGO manages to legally follow the money from source (does 15% amount to ~R700 000?) into her personal bank account and out to SARB.

She needs to brace herself for some more costs from her actions against Pravin and Cyril.

Hopefully she will go insolvent as a result of this and hopefully the job can’t be held by an insolvent individual.

What goes around comes around. Chalk up 1 for the citizens of this country. A rare win

She is a disgrace…

I hope someone traces how she is being paid off, that her funds are cut off, she is disbarred, and that she never gets a job in SA again…

JUST IN: Public Protector feels “vindicated” by Concourt finding that she is merely “lying scum” and not a moron, as many of her detractors have alleged

and now the EFF support her…I am starting to think that they are now also captured..by Zuma

Surely as a country we have came to the end of the line in terms of destructive and incompetent officials.

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