ConCourt dismisses Mkhwebane appeal, says she ‘put forward a number of falsehoods’

ConCourt dismisses Mkhwebane appeal, says she ‘put forward a number of falsehoods’

The Constitutional Court has ruled that Public Protector Busisiwe Mkhwebane is personally liable for the legal costs incurred by the South African Reserve Bank during the Bankorp lifeboat matter.

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by Sibahle Motha

She is thus compelled to personally pay 15% of the central bank’s legal costs. 

The highest court in the land on Monday upheld the high court in Pretoria’s personal costs order against Mkhwebane.

Mkhwebane appealed the high court’s decision at the Constitutional Court after it found that she was biased in her Bankorp findings and should personally pay some of the costs.

ALSO READ: Ramaphosa: Mkhwebane report ‘fundamentally and irretrievably flawed’

In a scathing majority judgment, Justice Virginia Khampempe found that Mkhwebane was guilty of falsehoods and was not honest about her engagements during her investigations.

"This court further rejects the public protector's submission that the high court had erred  by granting the personal cost orders against her in the absence of the Reserve Bank having sought this order in its founding papers.

"Furthermore, the public protector put forward a number of falsehoods in the course of litigation including misrepresenting under oath before the high court." 

Speaking to media after the judgment, Mkhwebane said that she would study the judgment

She also denied being guilty of any falsehoods.

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