2021 LGE: Reversion to the mean? - Page 3 - SkyscraperCity
 

forums map | news magazine | posting guidelines

Go Back   SkyscraperCity > Continental Forums > Africa > Southern Africa > South Africa > Economy, Infrastructure and Transportation > Business, Economy and Services


Global Announcement

As a general reminder, please respect others and respect copyrights. Go here to familiarize yourself with our posting policy.


Reply

 
Thread Tools
Old Yesterday, 10:52 AM   #41
NicSA
Registered User
 
Join Date: May 2012
Location: Cape Town
Posts: 7,808
Likes (Received): 7610

BREAKING: ConCourt upholds cost order against Mkhwebane, rules she was 'not honest' in Absa investigation


The Constitutional Court on Monday upheld the personal costs order against Public Protector Busisiwe Mkhwebane.

The court agreed with the North Gauteng High Court that her entire Absa/Bankorp investigation was flawed, and that Mkhwebane was not honest during her investigation. The apex court dismissed the SA Reserve Bank's application for a declaratory order to find that Mkhwebane has abused her office while she undertook the investigation.

"This court holds that the public protector's entire model of investigation was flawed and that she was not honest about her engagements during the investigation. In addition, she failed to engage with the parties directly affected my her new remedial action before she published her final report," reads the majority judgment.

"This court finds that the public protector's explanation for why she discussed the vulnerability of the Reserve Bank with the State Security agency was unintelligible."

The majority judgment also ruled Mkhwebane failed to explain why she did not disclose any of her meetings with former President Jacob Zuma in her 2017 report. She also did not produce transcripts of her meetings with the presidency or the State Security Agency.

The court also ruled that the public protector put forward "a number of falsehoods in the course of litigation", including misrepresenting under oath the economic analysis that underpinned her investigation.

The North Gauteng High Court in Pretoria set aside Mkhwebane's findings in February 2018, citing a "reasonable apprehension of bias" in her work. Mkhwebane was also ordered to personally repay 15% of the SA Reserve Bank’s legal costs, while the office of the Public Protector was ordered to pay the remaining 85%.

https://www.fin24.com/Economy/breaki...ation-20190722
NicSA no está en línea   Reply With Quote
Sponsored Links
Advertisement
 
Old Yesterday, 03:04 PM   #42
NicSA
Registered User
 
Join Date: May 2012
Location: Cape Town
Posts: 7,808
Likes (Received): 7610

JUST IN: Request for Mkhwebane to be struck off advocates roll for 'lying under oath'

Public Protector Adv Busisiwe Mkhwebane faces a request for her to be struck off the advocates roll by the Legal Practice Council following Monday morning’s Constitutional Court judgment which found she had acted in bad faith and put forward a "number of falsehoods" in the Absa/Bankorp case.

Accountability Now, a non-profit organisation, wrote to the Legal Practice Council soon after the ruling, asking them to take note of the case.

"There are serious, final and unappealable findings reflecting on the honesty, integrity and competence of the Public Protector, who is a duly admitted advocate of the High Court," Adv Paul Hoffman, a director at Accountability Now, said in the letter to the Legal Practice Council, seen by Fin24.

The Constitutional Court, in a majority judgment on Monday morning, upheld the North Gauteng’s High Court order in February 2018, for Public Protector Busiswe Mkhwebane to be personally liable for 15% of the SA Reserve Bank’s legal fees in the Absa/Bankcorp case.

The apex court upheld the North Gauteng High Court’s decision that Mkhwebane had acted in bad faith. The majority judgment further ruled that the ConCourt found that Mkhwebane’s "entire model of investigation was flawed" and that she was not honest about her engagements during the investigation.

"Kindly confirm that the Council is looking into the matter with a view to bringing an application for the striking off the roll of advocates of Ms Mkhwebane as part of its legislated disciplinary functions. We have copied her on this email," Hoffman wrote.

The ConCourt also ruled that the Public Protector "had put forward a number of falsehoods" in the course of litigation, including misrepresenting under oath the economic analysis underpinning her Absa report.

"As you know, it is intolerable that an officer of the court should be found to be lying on oath. Our highest court has so found in respect of Ms Mkhwebane. Her response that the judgment of the court creates a bad precedent is contemptuous of the court and does her no credit," Hoffman told the Legal Practice Council.

The Legal Practice Council is a national, statutory body established in terms of Section 4 of the Legal Practice Act of 2014 and is "mandated to regulate the professional conduct of legal practitioners to ensure accountability", according to its website.

https://www.fin24.com/Economy/just-i...-oath-20190722
__________________

makoppa liked this post
NicSA no está en línea   Reply With Quote
Sponsored Links
Advertisement
 


Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
GALICIA | Turismo e urbanismo Manu84 Galiza/Galicia 3775 Yesterday 10:35 PM
[Poznań] Komunikacja z Naramowicami Qrczaqu » Poznań 2404 Yesterday 01:43 AM
KTM: THE 620km East Coast Rail Link (ECRL) nazrey Pengangkutan 2763 July 18th, 2019 05:48 AM
ORAN 2021 | 2021 Mediterranean Games Host City espanoldz Grand Oran 324 July 14th, 2019 04:23 PM
Ελευσίνα Πολιτιστική Πρωτεύουσα 2021 | Eleusis Cultural Capital 2021 ariskop Αθήνα | Athens 53 January 18th, 2019 09:18 PM


All times are GMT +2. The time now is 01:43 AM.


Powered by vBulletin® Version 3.8.11 Beta 4
Copyright ©2000 - 2019, vBulletin Solutions Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.

SkyscraperCity ☆ In Urbanity We trust ☆ about us