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Constitutional Court to rule in Mkhwebane, Reserve Bank case

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The Constitutional Court will on Monday rule in the matter between Public Protector Busisiwe Mkhwebane and the South African Reserve Bank (SARB).

The court will rule on Mkhwebane’s application that she should not be held personally liable for costs related to the findings of the High Court in Pretoria, that set aside her report into the Reserve Bank and Absa-Bankorp lifeboat matter.

The judgment might have consequences for the Public Protector, who had two major reports, namely the Bankorp and Estina, overturned in 2018.

In her report on the Absa-Bankorp issue last year, Busisiwe Mkhwebane instructed that the Reserve Bank’s mandate be amended.

However, the High Court in Pretoria set aside her report and its remedial action ordering she pay 15% of the legal fees, following a cross-application by the bank declaring that she abused her powers.

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