The Star Early Edition

Sarb in further broadside at Public Protector

- Kabelo Khumalo

THE SA RESERVE Bank (Sarb) yesterday piled more pressure on Public Protector Busisiwe Mkhwebane in a fresh affidavit opposing her remedial action contained in the Ciex report as the central bank moves to bring certainty on its mandate.

In its second set of court papers deposed with the High Court, Sarb’s general counsel in its legal services unit, Johannes Jurgen De Jager, said yesterday that it was not enough that Mkhwebane had not opposed the bank’s initial applicatio­n to overturn her findings that the mandate of the bank must be changed.

On Tuesday, the North Gauteng High Court reserved judgment on Sarb’s initial applicatio­n to set aside Mkhwebane’s remedial action on the mandate of the bank.

The Reserve Bank, in its latest court challenge to the Public Protector’s remedial action, wants the court to also declare that she was wrong when she ordered the Special Investigat­ive unit to recover the R1.12 billion funds used for the Bankcorp bailout.

“The informatio­n provided by the Reserve Bank to the Public Protector demonstrat­es that the financial assistance was repaid. Not withstandi­ng this and the interview With Dr Stals on December 8, 2016, where the Public Protector indicated that if the Reserve Bank could demonstrat­e that the financial assistance was repaid then that would be the end of the investigat­ions, the Public Protector proceeded to find that an amount was owing by Absa,” De Jager said in court papers.

The latest court action against the now infamous public protector into the bailout rendered by the Reserve Bank to Bankcorp comes in a week where the central heads had taken to public platforms to ensure the country that the bank’s independen­ce would emerge.

Sarb’s governor Lesetja Kganyago said Mkhwebane’s report had also raised the ire of the Bank of Internatio­nal Settlement­s (BIS), which viewed Sarb as a “beacon” of independen­ce. BIS is a global financial institutio­n owned by central banks. The report had created uncertaint­y around the independen­ce of Sarb.

The rand tanked earlier this week when ratings agency Moody’s said that while the central bank’s decision last month to cut interest rates for the first time in five years would boost economic growth, it also saw the decision as a signal of growing political pressure on the bank.

Cleopatra Mosana, the spokespers­on for the Public Protector, said she will be opposing the matter.

 ?? PHOTO: REUTERS ?? Public Protector Busisiwe Mkhwebane faces further court action.
PHOTO: REUTERS Public Protector Busisiwe Mkhwebane faces further court action.

Newspapers in English

Newspapers from South Africa