The High Court in Pretoria has ruled in favour of the Public Protector Busisiwe Mkhwebane and has dismissed with costs Anthony Mostert’s application for leave to appeal the court’s initial ruling into the alleged maladministration and abuse of power by a former executive officer of the Financial Services Board (FSB) Dube Tshidi.
The investigation relates to a complaint by EFF leader Julius Malema where he alleged that in his recommendation for the appointment of curators to administer FSB pension funds, Tshidi acted improperly in that he favoured Mostert.
In the report, Mkhwebane supported a complaint by Malema which roughly castigated FSB officials for a wide variety of failures.
Malema alleged that following his appointment as curator, Mostert unduly paid himself in excess of R 188 million in curator fees.
Malema also alleged Tshidi abused his power by threatening and bullying various financial institutions into withdrawing civil action against Mostert, by threatening to withdraw their operating licenses.
In 2019, Mostert approached the courts in an attempt to interdict the Mkhwebane from releasing her findings.
His previous application was unsuccessful, with costs awarded against him in December 2019 – in his personal capacity.
On March 6, he lodged an appeal, which has resulted in the court dismissing the application only to order him to pay the Public Protector as well as other party costs in his capacity.
“The court is of the opinion that there is no reasonable prospect that an appeal would be successful. Following thereon, this application for leave to appeal should be dismissed, with costs,” acting Judge Brad Wanless ruled.