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‘Mkhwebane should quit as Public Protector after ConCourt judgment’

23 July 2019 7:30 AM

Accountability Now director advocate Paul Hoffman says if Public Protector Busisiwe Mkhwebane is properly advised she will quit in the next few days.

Hoffman comments come after the Constitutional Court on Monday upheld the Pretoria High Court’s order that she should pay 15% South African Reserve Bank (Sarb) legal fees in the Absa/Bankorp lifeboat matter.

RELATED: ‘Public Protector Busisiwe Mkhwebane made lots of mistakes and simply lied’

The judgment is in respect of her previous litigation with the Reserve Bank stemming from her report into the apartheid-era Bankorp bailout or ‘lifeboat’.

In her judgment, Justice Sisi Khampepe said the Public Protector acted in bad faith and put forward a number of falsehoods under oath.

RELATED: ConCourt judgment makes Mkhwebane’s position a lot weaker – Friedman

Hoffman says if Mkhwebane does not resign, there are three possible options remaining:

The first is to get Parliament to do the work that we have been asking them to do as she had been caught in a lie to us. If Parliament had acted on our complaint, that would have spared the taxpayer a great deal of grey hair and money. It may be that Parliament will have her impeached. —

Advocate Paul Hoffman, Director – Accountability Now

The second thing, says Hoffman, is that the Legal Practice Council will take disciplinary action against her, which will lead to her removed as an advocate.

The third thing that may happen is that the judgment will be placed for the Criminal Justice Administration with the view to charging her with perjury, and that would bring an end to her career as Public Protector. An advocate has no business lying and misleading courts. —

Advocate Paul Hoffman, Director – Accountability Now
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