Busi ‘lied, misused public fund’
PUBLIC Protector Busiswe Mkhwebane allegedly lied to the Constitutional Court under oath and used public funds to fight her personal battles.
In a damning affidavit filed by Johannes de Jager, general counsel for the SA Reserve Bank (Sarb), Mkhwebane was accused of making “further false statements under oath” in her attempt to exonerate herself from her controversial investigation into the R3.2 billion lifeboat extended to Bankorp by the central bank between 1986 and 1995.
De Jager said instead Mkhwebane merely compounded the case against her.
In her court papers, Mkhwebane claimed she “mistakenly referred” to one of the meetings she had with former president Jacob Zuma’s office.
She blamed the hurried manner and very tight time frames in which her high court answering affidavit had to be prepared which put pressure on her and her legal team to study voluminous court papers within a few days.
However, De Jager dismissed this as “disingenuous”, saying Mkhwebane falsely claimed the meeting was about something that it could not possibly have been about.
He said Mkhwebane’s explanation was false because she did not have a few days to answer to the case against her but more than two months.
De Jager added that Mkhwebane now described one of the meetings she had with Zuma’s office as a “meet and greet” and provided new emails she failed to disclose to the high court.
”In her affidavit before this court, Mkhwebane has sought to distance herself from the patently false account of the April 25, 2017, meeting with the Presidency,” De Jager said.
The central bank was appealing Mkhwebane’s decision to approach the apex court to reverse the North Gauteng High Court order forcing her to personally pay 15% of the bank’s legal costs.
The Concourt has been asked to declare that Mkhwebane abused her office during the investigation into the lifeboat to Bankorp, which was one of the financial institutions that amalgamated to establish banking giant Absa.
“Mkhwebane’s (founding) affidavit is devoted to showing that these (high court) findings are wrong. However, in her efforts to do so, she compounds the case against her. Rather than exonerating her conduct, Mkhwebane makes further false statements under oath,” De Jager stated in his affidavit.
He said Mkhwebane misrepresented facts, made further disclosures of documents the two over waste metal he had allegedly scavenged out of a yellow waste skip, according to Jacobs’ sister, Helouise.
“Johannes climbed into the bin to look for waste metal,” said Helouise, 24. “A white bakkie stopped and a boer climbed out and shouted in Afrikaans, ‘You f ***** g h **** t, what are you looking for in my f ***** g drum?’”
A struggle ensued and Johannes was allegedly struck with his own knobkierie, claimed Helouise. “My brother looked for a brick and the boer then shot him. Blood came out of the front of his neck and when he pressed his hand on the wound it spurted out the back.
“I screamed for help and the boer said nothing. He just stood there drinking something out of a bottle.”
Paramedic attempts to revive Jacobs failed and Weise was arrested soon afterwards.
Protesters gathered outside court on Friday demanding that bail be denied.
that were never included in the high court as they should have been.
“Mkhwebane fails to provide any basis at all to question the damning findings against her,” said De Jager.
The public protector has approached the Concourt to overturn the high court’s order that she pay 15% of Sarb’s legal costs on the basis that the decision would negatively affect the functioning of chapter nine institutions, of which her office is one.
But De Jager said the punitive costs order against Mkhwebane will not negatively affect the work of Mkhwebane’s office.
”In fact, it is an order that vindicates the institution and marks an occasion on which the person occupying the position of public protector breached her duties and constitutional obligations,” De Jager explained.
He also accused Mkhwebane of using public funds to fight a hopeless appeal against the personal cost order.
is therefore incorrect to approach this application on the basis that it is a chapter nine institution that is seeking leave to appeal and (be granted) direct access.
“Mkhwebane makes this application,” said De Jager in his affidavit.
He added Mkhwebane was using public funds of the Office of the Public Protector to bring her application and acting in conflict with the interests of the institution.
In her report, which was reviewed and set aside by a full high court bench, Mkhwebane found that the bailout paid to Bankorp was unlawful and ordered Absa to pay back R1.25bn to the state.
CIEX, the so-called boutique intelligence company hired by the government to investigate the lifeboat, found that the SA Reserve Bank had given Bankorp an illegal gift of R3.2bn and that the money had never been recovered.
Mkhwebane found that the correct amount of the illegal gift granted to Bankorp was R1.125bn.
The public protector’s application for direct access to the Concourt was granted on Monday and the matter was set down for November.
EFF leader Julius Malema and senior officials greet supporters at the Sisa Dukashe Stadium in the Eastern Cape yesterday as the party marked its 5th birthday. See page 6
Public Protector Busisiwe Mkhwebane.