SARB: The Public Protector abused state power
The South African Reserve Bank (SARB) has filed an affidavit seeking an order declaring Public Protector, Busisiwe Mkhwebane abused her powers.
Mkhwebane argues that Absa benefited from the bailout of Bankorp, its predecessor, and that the outcome by an inquiry led by retired judge, Dennis Davis was wrong.
The SARB filled its answering affidavit on Monday, stating Mkwebane was "required to be a check on the abuse of state power, not a vehicle for it".
"As an organ of state, the Public Protector has heightened obligations in litigation. She is required to be frank and candid with the court and to explain her conduct in a transparent and accountable manner. Ms Mkhwebane has not done so," reads the affidavit.
The case stems from Mkwebane's remedial action directing Parliament to amend the Constitution in terms of the Reserve Bank's mandate.
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"The Public Protector has not been transparent and didn't conduct herself in an accountable manner. She failed to disclose that she had two meetings with the Presidency and failed to keep a transcript of these meetings which is routine practice."
The SARB also seeks a declaratory order, declaring Mkhwebane personally liable for the legal costs arising from the dispute.