Public Protector Busisiwe Mkhwebane is taking her bid to quash the perjury charges she’s currently facing to the high court.
Advocate Paul Hoffman, who heads up anticorruption lobby group Accountability Now, opened a case against Mkhwebane in 2019 and in December 2020, a decision was taken to prosecute her. She was summonsed to appear in court on three counts of perjury.
One count has since been withdrawn on the back of previous representations Mkhwebane had made to the national director of public prosecutions (NDPP). But she subsequently made further representations to have the two remaining charges against her withdrawn as well.
At her last appearance in court, in February, it emerged these had been unsuccessful and proceedings were postponed to Thursday to allow her and her lawyers time to consider their next step.
Advocate Tiny Seboko on Thursday told the court their instructions were now to lodge a review application in the high court. Proceedings were then postponed to August.
And her binding recommendations included that Absa, which had since acquired Bankorp, pay back the money. But Sarb and Absa both took the report on review and were successful, not only in convincing a full bench of the High Court in Pretoria to set the report aside, but also in securing a costs order against Mkhwebane.
She has previously expressed confidence the court would clear her of any wrongdoing and insisted she was a “law-abiding citizen”.