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Public Protector's defence does not make sense at all - law expert

13 September 2017 1:10 PM
Tags:
South Africa Reserve Bank
Advocate Busiswe Mkhwebane
Public Protector Reserve Bank recommendations

Cathy Powell says Mkhwebane was obliged to report meeting with the Presidency and State Security Agency, which she did not do.

The Democratic Alliance is moving to have the Public protector Busisiwe Mkhwebane removed from her office

This is after the South African Reserve Bank accused Mkhwebane of colluding with the Presidency to attack and undermine the authority of the central bank.

702's Stephen Grootes spoke to the Public Protector's spokesperson, Cleopatra Mosana, who denied any wrong doing.

Mosana says Mkhwebane was asked to provide clarity on her Bankorp report by the Presidency after she had written to them, complying with Section 7.9 of the Public Protector's Act.

Read: Mkhwebane's spokesperson says nothing sinister about Zuma and SSA meeting

When she wrote correspondence to the Presidency, they then requested to meet with Mkhwebane to get clarity. So there was nothing sinister about the meeting.

Cleopatra Mosana, Spokesperson to the Public Protector

Mosana also says that the Reserve Bank never requested to meet with Mkhwebane which is why it was not part of the meeting.

Senior lecturer at UCT, Cathy Powell, says the Public Protector's Act does not in any way say that implicated parties need to apply or request a meeting but it is up to the Public Protector to afford the implicated party a chance to respond.

It is only the Public Protector who is going to know before the report is released who is implicated so it is only the Public Protector than can contact the other people.

Dr Cathy Powell, Senior lecturer in Public Law at the University of Cape Town

Powell says what Mosana is saying in defence to the Public Protector does not makes sense.

What appears to have happened is that there was a draft report under the previous Public Protector, and then she changed the entire ambit of the investigation but spoke to only two parties, the Presidency and State Security, neither of which were implicated.

Dr Cathy Powell, Senior lecturer in Public Law at the University of Cape Town

Mkhwebane then did not report that she had met with these two entities, something she is required to do, adds Powell.

On the face of it, there is something very sinister indeed because it is a clear appearance of bias.

Dr Cathy Powell, Senior lecturer in Public Law at the University of Cape Town

To hear the rest of the interview, listen below:


This article first appeared on CapeTalk : Public Protector's defence does not make sense at all - law expert


13 September 2017 1:10 PM
Tags:
South Africa Reserve Bank
Advocate Busiswe Mkhwebane
Public Protector Reserve Bank recommendations

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