PARLIAMENT, April (ANA) - Public Protector Busisiwe Mkhwebane on Tuesday tried to downplay the controversy over her findings and directives on Absa and the South African Reserve Bank (Sarb) as Members of Parliament (MPs) grilled her about what they termed "matters in the public domain".
Mkhwebane told the portfolio committee on justice that she considered the adverse ruling from the Pretoria High Court "an obstacle" to the independence of her office and reiterated that she would petition the Supreme Court of Appeal, in particular, to appeal the personal cost order against her.
The high court ordered Mkhwebane to pay nearly R1 million in legal costs out of her own pocket after the Sarb successfully challenged her report and remedial action in the long-running Absa matter.
She had found that R1.125 billion should be recovered from Absa for an apartheid-era bail-out granted to Bankorp, which was later bought by Absa.
Mkhwebane also directed Parliament to consider amending the mandate of the central bank to move its primary focus from protecting the local currency to enabling the economic benefit of all South Africans.
The directive drew outrage, and the Reserve Bank rushed to court to oppose it, saying in court papers that the Public Protector was overstepping her powers.
On Tuesday, she claimed that the report on the Absa matter "was already there" when she took office.
"I just made a few changes," she said.
Mkhwebane also disputed the Reserve Bank's claim in court papers that she held suspicious meetings with former president Jacob Zuma on the matter.
"Unfortunately, the court chose to believe what other parties said," she said.
She said she met with Zuma's legal advisor after receiving a query from the presidency on the case.
The high court was scathing of Mkhwebane's handling of the investigation. She told MPs she believed it was important that she approaches the SCA "to narrate the true reflection of what exactly transpired".
"This is stifling, or an obstacle for the Public Protector to continue performing duties."
MPs appeared unconvinced. The chairman of the committee, Mathole Motshekga, asked why she would not be open about meeting with the then president if it helped to resolve a matter through engagement, rather than litigation.
He expressed concern about the image of her office and MPs from the African National Congress and opposition parties said the impact of the Absa matter was troubling, both in terms of her reputation and the fact that the chapter 9 institution spent some R8 million in legal fees on a single case.
Werner Horn from the Democratic Alliance added: "It must follow that there must be questions asked about your competence to understand then at least the law, if not your constitutional mandate.”
- African News Agency (ANA)
