Constitutional Court: Mkhwebane must pay after Bankorp 'falsehoods'

Constitutional Court: Mkhwebane must pay after Bankorp 'falsehoods'

- The Constitutional Court has dismissed Busisiwe Mkhwebane's appeal against a judgement ordering her to personally pay legal costs

- The High Court judgement had ordered the Public Protector to pay 15% of the costs incurred during a case involving the South African Reserve Bank

- This judgment sees Mkhwebane personally liable for an estimated cost of R900 000

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The Constitutional Court dismissed Busisiwe Mkhwebane's appeal against a judgement which holds her liable for an estimated R900 000.

The Public Protector had been appealing a High Court judgement that had found her personally liable for 15% of the costs for a matter involving SARS.

The court also dismissed a SARS application that Mkhwebane be found to have abused her office.

The majority of the court had found no sound basis to interfere with the High Court's ruling. They found that the judgement had rightfully penalised Mkhwebane for falling short of what was required of her.

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Mkhwebane has taken solace in the minority judgement put forward by Chief Justice Mogoeng Mogoeng, saying that he would have granted her application for leave to appeal:

"Although it is the majority judgment which matters, we take solace in the fact that there were dissenting views among the judges. This tells us that there were some among the esteemed Constitutional Court judges who saw things from our perspective. We will study the judgement."

This judgement by the Constitutional Court follows the Public Protector's appeal against a High Court ruling setting aside the remedial action contained in her ABSA-Bankorp report.

The 2017 report had found that ABSA should repay a staggering R1.1 billion to the Reserve Bank. Mkhwebane had directed Parliament to amend the Constitution in order to change the mandate of the SARB.

The High Court had put forward that there was reasonable apprehension that Mkhwebane had been biased in her investigation, not fully understanding her constitutional duty to be impartial, reports TimesLIVE.

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