ConCourt to hear Public Protector appeal on Bankorp costs ruling

The Constitutional Court is set to hear an application from Public Protector Busisiwe Mkhwebane against a ruling which requires her to pay, in her personal capacity, a portion of the SA Reserve Bank's legal costs in the Bankorp matter.

The case relates to an earlier court case which followed a report which Mkhwebane released in June 2017.

The report included remedial action requiring Absa to repay the SA Reserve Bank R1.125bn for what she termed a bailout to Bankorp during the apartheid era. The Reserve Bank and Absa in turn filed applications with the North Gauteng High Court to set aside the report, which it did.

Mkhwebane was ordered to pay 15% of the central bank's costs in her personal capacity. The remainder was to be paid by her office, as Fin24 previously reported

Mkhwebane unsuccessfully appealed this part of the ruling to the Supreme Court of Appeal. The matter has now reached the Constitutional Court.

The ConCourt, in statement on on Monday, said the Public Protector believes the court should not have directed costs to her. "The Public Protector argues that the procedure followed in the High Court in seeking the costs order against her was flawed an thus the costs order should not have been granted against her."

"Further that the Public Protector is similar to a judge and is similarly indemnified from costs in her personal capacity for action taken in her official role as Public Protector."

The Reserve Bank, meanwhile, has opposed the Public Protector's appeal.

It has cross-appealed against a part in the High Court judgement which dismissed its application to declare that Mkhwebane abused her office during her investigation which led to the report.

"The Reserve Bank also seeks a punitive costs order against Mkhwebane in her personal capacity, in the proceedings before the ConCourt."

The matter will be heard at 10:00.

* Sign up to Fin24's top news in your inbox: SUBSCRIBE TO FIN24 NEWSLETTER

ZAR/USD
16.77
(-0.03)
ZAR/GBP
21.15
(-0.12)
ZAR/EUR
18.95
(-0.03)
ZAR/AUD
11.66
(-0.03)
ZAR/JPY
0.16
(-0.09)
Gold
1798.22
(+0.06)
Silver
18.69
(+0.13)
Platinum
824.50
(+0.30)
Brent Crude
43.14
(+2.10)
Palladium
1961.36
(+0.61)
All Share
55417.89
(-0.66)
Top 40
51154.08
(-0.74)
Financial 15
10472.31
(+1.28)
Industrial 25
76134.69
(-1.67)
Resource 10
52483.78
(-0.20)
All JSE data delayed by at least 15 minutes morningstar logo
Company Snapshot
Voting Booth
Please select an option Oops! Something went wrong, please try again later.
Results
I'm not really directly affected
18% - 1959 votes
I am taking a hit, but should be able to recover in the next year
23% - 2565 votes
My finances have been devastated
34% - 3815 votes
It's still too early to know what the full effect will be
25% - 2745 votes
Vote