ConCourt to decide on Mkhwebane personal cost order
The Constitutional Court has granted Public Protector Busisiwe Mkhwebane direct access to appeal a personal cost order against her.
The highest court in the land will decide whether Mkhwebane should pay 15% of the South African Reserve Bank’s (SARB) legal fees.
The matter relates to the Bankorp-CIEX report where she found that ABSA should repay R1.125 billion for a so-called lifeboat provided to Bankorp by the Reserve Bank.
In February, the North Gauteng High Court set aside her recommendations and ordered her office to pay 85% and her to foot the rest of 15% of the central bank's legal costs.
According to spokesperson, Oupa Segalwe, Mkhwebane will fight the constitutionality of Justice Cynthia Pretorius’ judgment.
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The Office of the Public Protector believes the devastating ruling will threaten the "ideal of a Public Protector that must meet the standards of independence, impartiality and the exercise of powers and performance of functions without fear, favour or prejudice".
A substantive finding against Mkhwebane will also be appealed.
The matter has been set down for 27 November.
Mkhwebane came in for scathing criticism for the report with some politicians demanding her axing.
ALSO READ: EFF: Mkhwebane is constitutionally illiterate
The Economic Freedom Fighters’ (EFF) Mbuyiseni Ndlozi previously branded Mkhwebane “constitutionally illiterate”.
The pronouncement from the Constitutional Court comes as Mkhwebane is also preparing for the review application of her remedial action against Western Cape Premier Helen Zille over her controversial colonialism tweets.