Parliament: Public Protector’s order is unconstitutional
Parliament has confirmed in a statement that the Speaker of the National Assembly, Baleka Mbete filed an affidavit supporting the South African Reserve Bank’s application on the Public Protector’s findings and report.
The South African Reserve Bank (SARB) filed an application in the High Court in Pretoria to have the Public Protector's recent instructions reviewed and set aside.
It comes after Busisiwe Mkhwebane instructed Parliament to amend the Constitution in terms of the central bank's mandate and powers.
According to the statement, the Speaker also asked the South Gauteng High Court to allow her and the Chairperson of the Portfolio Committee on Justice and Correctional Services to act as applicants in the case.
"Key elements of the Speaker’s affidavit are that the Public Protector’s order is unconstitutional, is not a remedy, encroaches on Parliament’s exclusive domain, is undemocratic, negates section 74 of the Constitution which sets out the special requirements for amending the Constitution and her amendment perverts the separation of powers," the statement reads.
Parliamentary spokesperson Moloto Mothapo says the effect of the Public Protector’s amendment would be to remove the primary object of the Reserve Bank to protect the value of the currency.
"This function is not allocated to anyone else and leaves the currency unprotected."