ConCourt dismisses Mkhwebane's appeal against Bankorp costs order

JOHANNESBURG - The Constitutional Court has upheld the High Court order that Advocate Busisiwe Mkhwebane personally pay for 15% of the South African Reserve Bank’s legal fees in the Bankorp lifeboat matter.

In 2017, the Public Protector ordered the Special Investigating Unit to recover more than R1 billion on behalf of the central bank from Absa Bank but this report and its remedial action was reviewed and set aside last year.

In the scathing majority judgment, Justice Sisi Khampepe said that Mkhwebane’s conduct warranted the personal costs order against her.

"This court upholds the High Court's finding that the Public Protector acted in bad faith and agrees with the High Court that she exceeded the bounds of her potential indemnification under the Public Protector Act."

Khampepe said that Mkhwebane misled the court.

"The Public Protector put forward a number of falsehoods in the cause of litigation, including misrepresenting under oath before the High Court, that the economic analysis that underpinned the final report was based on expert economic advice, whereas this was false as the report was not based on expert economic advice."

The minority judgment, however, found in favour of the Public Protector and would have granted her the appeal.

Following the ruling, the Public Protector's office responded via social media, saying that it would study the judgment.


This article first appeared on EWN : ConCourt dismisses Mkhwebane's appeal against Bankorp costs order


Recommended

by NEWSROOM AI
Read More
Ford fined R35 million for Kuga fires

Ford fined R35 million for Kuga fires

The defective cars - which would catch alight without notice - started making headlines when Reshall Jimmy was found burnt to death in his Kuga in the Western Cape in 2015.

Mkhwebane: Ramaphosa deliberately misled Parliament on Bosasa donation

Mkhwebane: Ramaphosa deliberately misled Parliament on Bosasa donation

Public Protector Busisiwe Mkhwebane has found that President Cyril Ramaphosa deliberately misled Parliament in relation to the R500,000 Bosasa donation.

Exposed: The long battle to escape fraudulent marriages in SA

Exposed: The long battle to escape fraudulent marriages in SA

A fraudulent marriage happens when the victim’s ID number is used without their knowledge to create a marriage to a stranger that exists only on paper. Their surnames as recorded on the Home Affairs registry then change to those of their alleged 'spouses'.

Gigaba resigns as Home Affairs Minister

Gigaba resigns as Home Affairs Minister

Malusi Gigaba has faced a difficult few weeks - with pressure mounting from opposition parties on him to resign.

Jacob Zuma fires attorney Michael Hulley

Jacob Zuma fires attorney Michael Hulley

Hulley saw Zuma through more than a decade of the drawn-out spy tapes saga and represented him at his 2006 rape trial, where he was acquitted.

State Security Agency boss Fraser moved to Correctional Services Dept

State Security Agency boss Fraser moved to Correctional Services Dept

The move comes as the Inspector-General of Intelligence prepares to go to court to challenge Fraser’s decision to revoke his security clearance.

Popular articles
Are banks and corporates allowed to activate early December payment?

Are banks and corporates allowed to activate early December payment?

Wendy Knowler looks into the practice of many banks and corporates of “unilaterally” activating an early debit for December payment.

Case of man accused of killing Precious Ramabulana postponed to end of January

Case of man accused of killing Precious Ramabulana postponed to end of January

EWN reporter Kgomotso Modise gives an update following the death of Limpopo's student.

Amanda Black on reclaiming her power

Amanda Black on reclaiming her power

The "Afro Rockstar" sensation has released her second album, appropriately titled 'Power'.

[WATCH] 'I didn't poop, I peed,' kid excited that he went potty successfully

[WATCH] 'I didn't poop, I peed,' kid excited that he went potty successfully

Khabazela shares tweets and Facebook posts that have gone viral.

Karoo farmers forced to cull 'weak sheep' amid worsening Northern Cape drought

Karoo farmers forced to cull 'weak sheep' amid worsening Northern Cape drought

The drought is pushing farmers to the edge in the Northern Cape. A Karoo farmer says most farmers are downscaling their herds.