Judgment reserved in Public Protector CIEX report case

File: The National Treasury says Public Protector Busisiwe Mkhwebane was mistaken in launching the investigation into an apartheid-era bank bailout.

JOHANNESBURG - The North Gauteng High Court has reserved judgment in a case challenging Public Protector Busisiwe Mkhwebane's CIEX report.

The National Treasury says Mkhwebane was mistaken in launching the investigation into an apartheid-era bank bailout.

Her lawyer argues she has discretion over what her office investigates.

Absa, the National Treasury and the Reserve Bank want Public Protector Busisiwe Mkhwebane's report on an apartheid-era bailout for Bankorp dismissed.

They made their closing arguments in court on Thursday.

The Reserve Bank argues Mkhwebane shouldn't have launched the investigation at all.

READ: Public Protector trying to undermine our credibility: Reserve Bank

In the late 1990s and early 2000s, government commissioned two investigations into the apartheid-era bailout.

One was led by Judge Dennis Davis, the other by Judge Willem Heath for the Special Investigating Unit (SIU).

In her report, Mkhwebane instructs the SIU to approach the Presidency and re-open its probe.

She also tells Parliament to amend the Reserve Bank's role.

READ: Mkhwebane defends controversial CIEX report

All three applicants have maligned the Public Protector’s approach to the investigation.

They say Mkhwebane knew the remedial action in her report was binding.

The Reserve Bank wants the High Court to declare that Mkhwebane breached the Constitution.

They argue she abused her office, misled the court, and denied it transcripts of two meetings with the Presidency.

The bench will hand down judgement in late January or early February. 

 

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