THE Constitutional Court has ruled that Public Protector Busisiwe Mkhwebane be held personally liable for 15% of the South African Reserve Bank legal costs including three three counsel.
The North Gauteng High Court in Pretoria set aside Mkhwebane's findings in February 2018, refering to a "reasonable apprehension of bias" in her work.
She was then ordered to personally repay 15% of the SA Reserve Bank’s legal costs, while the office of the Public Protector was ordered to pay the remaining 85%.
The matter comes from her report that was published on June 19 2017, she had tasked the Special Investigating Unit with recovering R1.125bn in "misappropriated public funds", describing the funds as an "illegal gift" given to Bankorp by the SA Reserve Bank in the 1980s.
As Bankorp and other banks were later subsumed into Absa, Mkhwebane ruled that the funds be recovered from Absa.
In her remedial action, she also ruled that Parliament should introduce a motion to amend the Constitution to change the SA Reserve Bank's mandate to focus on economic growth.
Following the publication of her report, the SARB, the minister of finance, Absa and National Treasury instituted review applications set aside her directive that the SIU recover funds from Absa. These applications were later consolidated.