Monday , March 8 2021

Chief Justice Mogoeng Mogoeng decides the costs of Busisiwe Mkhwebane



Adı The public guardian could not live up to the standards required by his office during his investigation. He conducted a partisan investigation of the bank's attorneys mentioned in the documents set out in the Constitutional Court aimed at weakening the Reserve Bank.

He added that Mkhwebane he had fallen shortly after his duties ’and that his office had reversed the report on his office's recovery of apartheid in Bankorp. Bankorp was later taken over by Absa.

In his report, KH Mkhwebane, the Special Investigation Unit (PDU), reopened the earlier investigation into the apartheid lifeboat boat, given to Bankorp for the withdrawal of unlawfully publicly-traded public funds from Abor Bank. ordered …

What was important for the negative decisions against Mkhwebane by the Supreme Court of Pretoria was the meetings with the Presidency and the State Security Agency (SSA) on the Bankorp investigation.

The court also noted that a note recorded during the meeting of Mkhwebane with SSA – "referring to the Bank" – is "defenseless."

The High Court, Mkhwebane's Bank and Absa & # 39; less than two weeks before publishing his comprehensive Bankorp report without any explanation, he expressed concern about the SSA and its coming to presidency.

Considering all these considerations, all in all, we are of the opinion that a reasonable tarafsız impartial and knowledgeable person, considering all these facts, has a public concern about the fact that the public guardian may not have taken a neutral mind to rely on matters. before di before the court decided.

”We therefore concluded that public protection was reasonably suspected of prejudice“. The court added: kabul We need to show our displeasure in an unacceptable way. [Mkhwebane] continues to reject all three applications [bought by the Reserve Bank] till the end."

Based on these findings, the high court ordered Mkhwebane to personally pay 15% of the reserve costs of the Reserve Bank.

Mkhwebane now asks the Constitutional Court to manage the costs incurred by the three Judges of the Pretoria Supreme Court when the public guardian gives the constitutional power a k negative and direct impact on obligations and duties ıc.


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