Pretoria – Public Protector Busiswe Mkhwebane was in serious error when she ordered the Reserve Bank’s Constitutional mandate to be changed, the North Gauteng High Court heard on Tuesday.
The South African Reserve Bank’s (SARB's) counsel formally presented its matter to have the Public Protector’s remedial action set aside. David Unterhalter SC, who represented the SARB, said that although the Public Protector is not opposing the matter she has failed to apologise or recognise that she took a “reckless” decision in issuing the remedial action.
She had not consulted with the SARB beforehand to understand the consequences that would develop from the “radical” and “destabilising” finding, he said. “It would be sensible to at least tell the Reserve Bank this is what you have in mind and ask them what are the consequences.”