More legal woes for Mkhwebane as FSCA files court papers to review her report
The
Financial Sector Conduct Authority (FSCA) has filed papers in the Pretoria High Court requesting it to review and set aside Public Protector
Busisiwe Mkhwebane’s report, which found its former board executive Dube Tshidi guilty of impropriety and maladministration.
This is the latest in a string of review applications against Mkhwebane’s report, with some questioning her ability to hold office.
Mkhwebane, whose report was issued in March, found that Tshidi misled Parliament and used his position to protect a compromised curator, Antony Louis Mostert.
But the FSCA said the report was conducted in bad faith after Economic Freedom Fighters’ leader
Julius Malema laid a complaint against Tshidi, who he alleged nominated and recommended the appointment of Mostert as a curator for pension funds.
Malema alleged that Mostert was paid R188 million in curator fees and an additional R48 million in legal fees.
The FSCA, formerly known as the Financial Services Board, wants Mkhwebane’s report to be set aside and declared constitutionally invalid for lack of jurisdiction. The institution said it sought a review on the basis that the findings were entirely unreasonable.
It argued that the manner in which Mkhwebane conducted her investigation rendered the findings reviewable
for perceived bias and bad faith.