Accountability Now attempts to have Mkhwebane declared unfit for office

An application from civil society organisation Accountability Now seeking to have Public Protector Busisiwe Mkhwebane declared unfit for office will be heard in the High Court in Pretoria on Tuesday.

The application brings up various rulings against Mkhwebane which saw her sanctioned over reports she has released and the findings of these reports overturned. According to the organisation, which is known for its involvement in public service litigation, these court cases warrant her dismissal.

These include the overturning of her report on the Absa/Bankorp matter involving the Reserve Bank, with Mkhwebane forced to pay some costs out of her own pocket, and her report on the Estina Dairy Farm in Vrede, which was declared “unlawful, unconstitutional and invalid”.

Several of her reports are in the process of being taken on review, including her report finding President Cyril Ramphosa guilty of misleading parliament over a Bosasa donation, her report finding Pravin Gordhan guilty of misconduct relating to the so-called Sars rogue unit, her report on the Independent Police Investigative Directorate, and her report on the horse racing industry.

READ MORE: DA one step closer to having Mkhwebane removed

In several cases, she has been interdicted from proceeding with the remedial action stipulated in her reports pending the outcome of the review process.

The organisation has also taken other measures against Mkhwebane.

They have requested an investigation into her conduct by the Legal Practice Council, which they are hoping will strike her off the roll of advocates, which would then make her ineligible to hold office.

They have also petitioned the criminal justice administration to charge her with perjury, based on the Constitutional Court’s recent judgment which found Mkhwebane had lied under oath about her investigation into an apartheid-era bailout of Absa Bank by the South African Reserve Bank.

Lastly, the organisation has called for Ramaphosa to suspend Mkhwebane.

(Compiled by Daniel Friedman. Background reporting, Simnikiwe Hlatshaneni.)

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