Mkhwebane offended by ‘incompetent’ label as yet another review application is launched
Public Protector Busisiwe Mkhwebane has expressed concern over what she believes to be a growing trend of labelling her office as incompetent.
This is after Financial Sector Conduct Authority (FSCA) filed an application in the high court in Pretoria on Friday to have her report reviewed and set aside.
Mkhwebane's report documents the alleged impropriety and maladministration against the Financial Services Board (now FSCA) and its executive officer Dube Tshidi.
The report concerns actions dating back more than ten years, when several pension funds that had fallen victim to a fraudulent scheme (known as the Ghavalas scheme) were placed under the curatorship of Antony Louis Mostert.
Mkhwebane's spokesperson Oupa Segalwe says any person who doesn't agree with the public protector’s finding has the right to approach the courts.
"The public protector respects and advocates for the respect for the rule of law and justice which includes the right that those people who are unhappy with her findings to take a decision on review. What she does object to, however, is the emerging trend among such people labelling an independent constitution incompetent to illustrate their quarrels with its findings.
"This latest trend borders on contempt for the public protector and it is an offence in terms of the public protector act."
In a statement, the FSCA says it believes Mkhwebane’s findings are unreasonable.
"It is also our view that the manner in which she conducted her investigation renders the findings reviewable for perceived bias, bad faith or ulterior motives.
"The only other explanation for these failures is gross incompetence and negligence," it said in a statement.
It added that it is unfortunate that it had to use funds received from the industry to approach the courts.
"As the authority tasked with regulating the conduct of financial institutions, we find it highly unfortunate that we now have to use funds received from the industry we regulate - in the form of levies - to seek to review what to us is an arbitrary and unnecessary report.
"This is a process that could've been avoided had the public protector simply applied herself to our submissions."