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#PublicProtectorMkhwebane ordered to pay legal costs in Bankorp-CIEX matter

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Charles Molele

The Constitutional Court on Monday dismissed Public Protector Advocate Busisiwe Mkhwebane’s application to appeal the Gauteng North High Court order that she should be personally held liable for the costs of the SA Reserve Bank. 

This means Mkhwebane will have to pay 15% of the SARB legal costs, including three senior counsel, out of her own pocket. However, Chief Justice Mogoeng Mogoeng was part of the dissenting minority judgment which ruled that she shouldn’t be personally held liable for the legal costs in the matter. 

The court’s judgment also agreed with the High Court ruling that her entire investigation into the Bankorp-CIEX matter was deeply flawed. 

The court also said she was not entirely honest during her appeal application. 

“We find that the public protector put up a number of falsehoods during litigation,” said the Constitutional Court on Monday. 

The Constitutional Court, however, dismissed the Reserve Bank’s application

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