Cape Argus

Mbete backs Reserve Bank

- – ANA

NATIONAL Assembly Speaker Baleka Mbete has filed an affidavit supporting the South African Reserve Bank’s (Sarb) court applicatio­n on Public Protector Busisiwe Mkhwebane’s “CIEX Report” and findings, Parliament said.

In her affidavit filed on Friday, Mbete also asked the Gauteng High Court to allow her and justice and correction­al services portfolio committee chairperso­n Mathole Motshekga to act as applicants in the case, Parliament’s spokespers­on Moloto Mothapo said.

In her report released on June 19, Mkhwebane found that Absa Bank should pay R1.15 billion to the fiscus. Oddly, she also recommende­d that the mandate of the Sarb be changed from targeting inflation to promoting economic growth. Accountabi­lity Now head Paul Hoffman, who lodged the original complaint, did not ask for such a finding at all and has himself stated he does not believe this finding to be correct. Yesterday, Mothapo said key elements of Mbete’s affidavit were that:

Mkhwebane’s “order is unconstitu­tional,

it is not a remedy,

it encroaches on Parliament's exclusive domain,

it is undemocrat­ic,

it negates section 74 of the constituti­on, which sets out the special requiremen­ts for amending the constituti­on, and

her amendment perverts the separation of powers”.

“In addition to the remedial action set out in the public protector's order and the precise wording posited as a replacemen­t for the current section 224 of the constituti­on, the public protector added that the Reserve Bank and the chairperso­n of the portfolio committee must submit an action plan within 60 days on their implementa­tion of her order.”

The effect of Mkhwebane’s amendment would be to remove the primary object of the Sarb to protect the value of the currency.

The order was unconstitu­tional because it was beyond the scope of the public protector’s mandate.

“The order is also undemocrat­ic and contrary to the values of democratic government, accountabi­lity, responsive­ness, and openness, and negates the special requiremen­ts to amend the constituti­on. The purpose of these is to ensure that members of Parliament when considerin­g an amendment to the constituti­on do so with the benefit of wide public input.”

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