ANC backs Parliament challenge to report

No support for Reserve Bank move

THE ANC has backed the decision by Parliament to challenge Public Protector Busisiwe Mkhwebane’s report into the Reserve Bank’s R1 billion bail out to Absa and its predessor, Bankorp.

In her report, Mkhwebane found that Bankorp had unduly benefited from the transaction, which was misappropriated during the apartheid era and given out as lifeboat to the bank.

In her remedial action, Mkhwebane ordered that Parliament amend the constitution to change the mandate of the Reserve Bank.

Parliament has become the latest affected party to indicate it would take the recommendation on judicial review, after Absa and the Reserve Bank also earlier announced they were seeking legal recourse.

Yesterday ANC spokesman Zizi Kodwa said Parliament had made the right call.

“That decision by Parliament is correct because the findings of the public protector are binding.”

Other parties also backed Parliament, arguing Mkhwebane could not order Parliament to amend the constitution.

This followed Mkhwebane’s decision that the chairperson of the portfolio committee on justice and correctional services, Mathole Motshekga, initiate a process to amend the constitution. She wants Parliament to strip the South African Reserve Bank of its powers.

But parties were up in arms because she could not direct Parliament on how to run its business.

Constitutional law expert Professor Pierre de Vos of the University of Cape Town agreed Mkhwebane was wrong in directing Parliament to amend the constitution.

Parliament would win its case in court, he believed. “It is difficult to say with certainty what the outcome of the case will be.

“But in this case I will say with certainty the public protector will lose the case because the public protector cannot order Parliament to amend the constitution.”

In some cases, he said, people would not understand the law but this “was as clear as daylight.

“In this case the law is so clear, it makes it so difficult to understand why the remedial action was imposing,” he said.

Moloto Mothapo, spokesperson for Parliament, said: “Parliament believes that the remedial action, which is binding in terms of the law, usurps the powers of the institution under the constitution.

“Section 57 empowers the Assembly to control its internal arrangements, proceedings and procedures,” said Mothapo.

“Parliament will accordingly initiate a court application to have this remedial action set aside on the basis of its unconstitutionality.”

The DA and African Christian Democratic Party also blasted Mkhwebane and supported Parliament’s decision to take her report on review.

Glynnis Breytenbach, of the DA, agreed with Parliament. “The remedial actions listed by Mkhwebane, which included amending parts of the constitution in respect of the mandate of the SA Reserve Bank, constitute a significant overreach of the public protector’s constitutional mandate.

“Only the National Assembly has the power to make changes to the constitution,” she said.

Cheryllyn Dudley of the ACDP said the constitution was very clear on the powers and functions of Parliament.