Public Protector report on ABSA bailout set aside

[f2wohf]

Pretoria - The Public Protector's Bankorp-CIEX report, where ABSA was ordered to pay R1,125bn, was set aside on Friday by the Pretoria High Court.

The case had seen Public Protector Busisiwe Mkhwebane and the South African Reserve Bank (SARB) face off in court.

In a devastating ruling to the protector the court set aside her report and awarded costs to ABSA.

The Bankorp-CIEX matter was heard at the North Gauteng High Court in December over three days before a full bench of judges including Judge Cynthia Pretorius, Judge Nomonde Mngqibisa-Thusi and Judge Dawie Fourie.

It relates to the report Mkhwebane released in June, where her findings called for ABSA to repay R1.125bn for a lifeboat provided to Bankorp by the Reserve Bank during the apartheid era. Both the SARB and ABSA had filed court applications to have the court review the report and set it aside. The SARB particularly sought a declaratory order that Mkhwebane abused her powers.

During the court proceedings Gilbert Marcus SC for ABSA, argued that Mkhwebane’s failed to adhere to procedural fairness. Mkhwebane had refused ABSA’s request meet with her prior to the publication of the final report. He also said that she met with Black First Land First (BLF), which was a strong opponent of ABSA and took the stance that ABSA should repay the debt.

In return Mkhwebane’s lawyer Paul Kennedy SC had argued that if the court granted the declaratory order it would prepare the ground for the Public Protector to lose her job.

“The court is being used to prepare the ground for the removal of the person who occupies the office of the Public Protector,” Kennedy said. He appealed to the court not to be part of the strategy or approach of the SARB.

https://www.fin24.com/Economy/public-protector-report-on-absa-bailout-set-aside-20180216

 

[f2wohf]

Puts a reminder to never hire Paul Kennedy as my Advocate:

In return Mkhwebane’s lawyer Paul Kennedy SC had argued that if the court granted the declaratory order it would prepare the ground for the Public Protector to lose her job.

You do a s*it and illegal report but plead that it shouldn’t be qualified as s*it and illegal because it may damage your professional career.

If she was an intern, fine but unfortunately she can make and destroy people’s and companies lives.

 

[ToxicBunny]

Wow... Paul Kennedy should just hand in his lawyers card...

That logic is just mind blowingly retarded.

 

[konfab]

Puts a reminder to never hire Paul Kennedy as my Advocate:



You do a s*it and illegal report but plead that it shouldn’t be qualified as s*it and illegal because it may damage your professional career.

If she was an intern, fine but unfortunately she can make and destroy people’s and companies lives.

First commandment of modern society
Thou shalt not take responsibility for thine actions.

 

[OCP]

Now to set aside the ex-puppet protector and replace her with someone qualified and capable...

If she agreed, could Thuli Madonsela come back?

 

[f2wohf]

Now to set aside the ex-puppet protector and replace her with someone qualified and capable...

If she agreed, could Thuli Madonsela come back?

I don’t think so. Except if you play a Putin/Medvedev scheme and argue that non-renewable means that she is still allowed to have two non-consecutive mandates, but it would look bad.

 

[OCP]

I don’t think so. Except if you play a Putin/Medvedev scheme and argue that non-renewable means that she is still allowed to have two non-consecutive mandates, but it would look bad.

Ok, thanks!

(pity though - she was great)

 

[ToxicBunny]

Ok, thanks!

(pity though - she was great)

Nothing stops her being appointed elsewhere in government...

 

[semaphore]

Nothing stops her being appointed elsewhere in government...

NPA head perhaps?

 

[f2wohf]

NPA head perhaps?

She has absolutely no experience as a prosecutor so would probably be quite bad at it.

Rather take a senior prosecutor for this position as it’s pretty technical (and should remain technical instead of being political as it is now).

 

[Vrotappel]

Need to add Busisiwe Mkhwebane to the fire list.

 

[Sly21C]

In handing down judgment, Justice Cynthia Pretorius ordered Mkhwebane to pay 15% of the South African Reserve Bank's (SARB's) costs in her personal capacity. The rest of the 85% will be paid by her office. Her office also has to pay the costs of ABSA on an attorney and client scale, including the costs of three counsel.

When it rains, it pours, lol.

How much do you guys think she will have to pay? She'll pay 15%, but how much in your educated guess in Rand terms? R1.5 million? R15 million?

 

[f2wohf]

When it rains, it pours, lol.

How much do you guys think she will have to pay? She'll pay 15%, but how much in your educated guess in Rand terms? R1.5 million? R15 million?

It hasn’t gonna to appeal, it’s a fairly straight forward case, not many days in court. I doubt the whole case (including Absa) would be over 1 million.

 

[Priapus]

Need to add Busisiwe Mkhwebane to the fire list.

I'm not sure the president of SA has that sort of power.

 

[BBSA]

I'm not sure the president of SA has that sort of power.

Parlement does have the power .

 

[Splinter]

It hasn’t gonna to appeal, it’s a fairly straight forward case, not many days in court. I doubt the whole case (including Absa) would be over 1 million.

Still, it's a complete slap in the face for the corrupt puppet. It's essentially a fine.

 

[NarrowBandFtw]

I'm not sure the president of SA has that sort of power.

With the support of the national assembly (which shouldn't be a problem in this case) it can be done:

Removal from office
The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on-
the ground of misconduct, incapacity or incompetence;
a finding to that effect by a committee of the National Assembly; and
the adoption by the Assembly of a resolution calling for that person's removal from office.
A resolution of the National Assembly concerning the removal from office of-
the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or
a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.
The President-
may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and
must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal.

Source: http://www.constitutionalcourt.org.za/site/constitution/english-web/ch9.html

 

[f2wohf]

Still, it's a complete slap in the face for the corrupt puppet. It's essentially a fine.

Yes, the more she has to pay personally, the better.

 

[nightjar]

Wow... Paul Kennedy should just hand in his lawyers card...

That logic is just mind blowingly retarded.

I grew up in a remote bush valley on the edge of the old Nyasaland and clearly remember my parents saying, on several occasions, that the only people that could be trusted were a doctor, a priest and a lawyer.

My old man was in Special Branch during WW2 but I suppose that indiscretions by that group were less important at that time. He was very contemptuous of scoutmasters.

 

[Sly21C]

It hasn’t gonna to appeal, it’s a fairly straight forward case, not many days in court. I doubt the whole case (including Absa) would be over 1 million.

She won't suffer then, +/-R150k is nothing for someone like her.