Mkhwebane ‘confident’ of her report on Ramaphosa

Staff Writer | Jul 23, 2019
The Public Protector said she ‘notes and welcomes’ President Cyril Ramaphosa’s announcement that he would seek a judicial review of her report.

Public Protector Advocate Busisiwe Mkhwebane said she ‘has no doubt that she exercised her powers and performed her functions without fear, favour or prejudice as is required by the Constitution’.

Mkhwebane was reacting to Ramaphosa’s television announcement that he would seek an urgent judicial review of her report that he had misled parliament and had breached the Executive Ethics Code on the grounds that the report was ‘fundamentally and irretrievably flawed’.

The Office of the Public Protector said in a statement that Mkhwebane ‘has noted the President's decision to seek recourse through the courts regarding her recent findings against him as it is his right to do so’.

‘Adv. Mkhwebane is confident that her findings are factual, rooted in sound application of the law, will pass the rationality test and are a result of an independent and impartial process.

‘She has no doubt that she exercised her powers and performed her functions without fear, favour or prejudice as is required by the Constitution.

‘Having taken note of the action the President intends to take, and given that she believes in the report she put out, Adv. Mkhwebane will seek to assist the court to arrive at the correct conclusion by defending the matter.’

Yesterday, Mkhwebane suffered a blow when the Constitutional Court dismissed her appeal against a high court judgment which ordered that she personally pay 15% of the costs from her own pocket in a 2018 matter involving the Reserve Bank.

Last year’s high court judgment set aside the remedial action contained in her 2017 Absa-Bankorp report‚ which found that Absa should repay R1.1bn to the Reserve Bank.

 

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