On Tuesday, the North Gauteng High Court set aside Public Protector Busisiwe Mkhwebane's remedial action to change the constitutional mandate of the South African Reserve Bank (SARB).
In June, Mkhwebane made the finding while dealing with the Bankcorp bailout from the 1990s.
EWN reporter Barry Bateman says Judge John Murphy endorsed the Reserve Bank Governor Lesetja Kganyago's criticism of Mkhwebane's findings and how she came up with her remedial actions.
The judge referred to her "superficial reasoning and erroneous findings"...— Barry Bateman, EWN reporter
In another aspect referring to how the Public Protector failed in her duties, in particular respect related to procedural fairness - and this has not only damaged the economy but also the reputation of her office.— Barry Bateman, EWN reporter
Bateman says the judge has found that the Public Protector's order entrenches unconstitutionality and irrationality of Parliament's exclusive authority.
This remedial action does overstep that separation of power and that was under the bases that he found it unlawful and needed to be set aside.— Barry Bateman, EWN reporter
Bateman says the judge had strong and critical words for Busisiwe Mkhwebane conduct in the matter.
It certainly could be taken to Parliament to say she is not fit to hold this office anymore.— Barry Bateman, EWN reporter
To hear the rest of the interview, listen below: