
<p>JOHANNESBURG (Reuters) &#8211; South Africa’s anti-corruption watchdog said on Friday that President Cyril Ramaphosa had “deliberately misled” parliament about a 500,000 rand ($35,900) donation he received for his campaign to lead the African National Congress (ANC).</p>



<p>Public Protector Busisiwe Mkhwebane, who investigates allegations of wrongdoing by state officials, told reporters that Ramaphosa had violated the constitution and breached the executive code of ethics in his reply to parliament in November.</p>



<p>($1 = 13.9326 rand)</p>



<p>Reporting by Nqobile Dludla; Editing by Kevin Liffey</p>


South Africa’s #PublicProtector says Ramaphosa deliberately misled parliament

<div style="display: block; position: relative; max-width: 730px;">
<div style="padding-top: 56.25%;"><iframe style="width: 100%; height: 100%; position: absolute; top: 0px; bottom: 0px; right: 0px; left: 0px;" src="//players.brightcove.net/1571595826001/default_default/index.html?videoId=6045287747001" allowfullscreen="" border=0 frameborder=0></iframe></div>
</div>
<p>Chapter 9 institutions are an integral part of democracy and economic growth. This has not been the case for South Africa’s Chapter 9 institutions as the pressure mounts on cases of corruption and mismanagement .With The South African Public Protector recently been riddled in scandal and tribulations as she takes on Minister Pravin Gordhan and the IEC coming under fire during elections, the integrity of these institutions need to be redeemed. David Lewis, Executive Director at Corruption Watch joins CNBC Africa for more.</p>


Public Protector lacks requisite understanding of the law and constitution – Corruption Watch

<div style="display: block; position: relative; max-width: 730px;">
<div style="padding-top: 56.25%;"><iframe style="width: 100%; height: 100%; position: absolute; top: 0px; bottom: 0px; right: 0px; left: 0px;" src="//players.brightcove.net/1571595826001/default_default/index.html?videoId=6029396886001" allowfullscreen="" border=0 frameborder=0></iframe></div>
</div>
<p>Public Enterprises minister Pravin Gordhan is colliding with the Public Protector as his legal team demands for more evidence to be provided for claims of collusion and improper conduct against minister Gordhan.</p>


Gordhan’s legal team demands more evidence from Mkhwebane

<div style="display: block; position: relative; max-width: 730px;">
<div style="padding-top: 56.25%;"><iframe style="width: 100%; height: 100%; position: absolute; top: 0px; bottom: 0px; right: 0px; left: 0px;" src="//players.brightcove.net/1571595826001/default_default/index.html?videoId=6004445510001" allowfullscreen="" border=0 frameborder=0></iframe></div>
</div>
<p>CNBC Africa&#8217;s Lubablo Mashiqana spoke with the country&#8217;s public protector, Busisiwe Mkhwenbane, about the capacity constraints and lack of adequate resource to investigate allegations into state affairs.</p>


Capacity constraints hinder the Public Protector’s ability to investigate

<div style="display: block; position: relative; max-width: 730px;">
<div style="padding-top: 56.25%;"><iframe style="width: 100%; height: 100%; position: absolute; top: 0px; bottom: 0px; right: 0px; left: 0px;" src="//players.brightcove.net/1571595826001/default_default/index.html?videoId=5853817889001" allowfullscreen="" border=0 frameborder=0></iframe></div>
</div>
<p>She was appointed into position this month back in 2016 to much consternation but she stood her ground and has been making waves doing her most talked about work. Advocate Busisiwe Mkhwebane came in the Public Protector office as a bit of an underdog and now she has political parties threatening court action as she fiercely does her work of holding public servant representative to account. Advocate Mkhwabane joins CNBC Africa while she has pile of work at her office from burning issue of VBS to many others.</p>


Public Protector Busisiwe Mkhwebane looks back at 2 years in office

<p class="MegaArticleBody_first-p_2htdt">A South African minister inadvertently misled parliament when she said a local consultancy firm linked to business friends of former President Jacob Zuma had no contracts with state power utility Eskom, a anti-graft watchdog said on Thursday.</p>
<p><img loading="lazy" decoding="async" class="aligncenter wp-image-299862 size-full" src="http://cnbc.africa/wp-content/uploads/2018/02/Minister-Lynne-Brown_GettyImages.png" alt="" width="850" height="564" /></p>
<p class="">New President Cyril Ramaphosa should take action within 14 days against the Public Enterprises Minister Lynne Brown, whose department oversees enterprises including Eskom, said Busisiwe Mkhwebane, head of the Public Protectors office.</p>
<p class="">“Minister Brown inadvertently misled Parliament in her assertion that there were no other contracts of engagement concluded between Eskom and Trillian,” said Mkhwebane in her report, adding that she breached a ministerial code of ethics.</p>
<p class="">Brown’s spokesman said he would issue a statement later.</p>
<p class="">This is the latest blow to a senior government official and comes as Ramaphosa is considering a cabinet reshuffle after replacing Zuma, whose rule was marred by a series of scandals.</p>
<p class="">Zuma’s business associates include three brothers from the Gupta family who have been accused of using their political connections to win state contracts and influence cabinet appointments. Zuma and the Gupta brothers deny wrongdoing.</p>
<p class="">Ramaphosa replaced Zuma as head of the ruling African National Congress in December having pledged to fight official corruption. Last week the party elected him head of state as Zuma resigned under political pressure.</p>
<div class="Attribution_container_28wm1">
<div class="Attribution_attribution_o4ojT">
<p class="Attribution_content_27_rw">Reporting by Tanisha Heiberg; Editing by James Macharia and Matthew Mpoke Bigg</p>
</div>
</div>


South Africa’s anti-graft watchdog says minister misled parliament

<p>A South African court on Friday threw out the findings of a public anti-graft watchdog that Barclays Africa unduly benefited from an apartheid-era bailout of another bank and should repay.</p>
<p><img loading="lazy" decoding="async" class="aligncenter wp-image-126485 size-full" src="http://cnbc.africa/wp-content/uploads/2017/05/Barclays_Flickr.jpg" alt="" width="1024" height="768" /></p>
<p class="">The Public Protector had said in a report last year it had found South Africa’s apartheid government and central bank breached the constitution by giving Bankorp, a bank later acquired by Absa, the retail banking unit of Barclays Africa, a series of bailouts between 1986 to 1995.</p>
<p class="">The agency, a constitutionally mandated anti-corruption agency led by Busisiwe Mkhwebane, had ordered in its report that Barclays Africa must repay 1.1 billion rand ($83 million) to the state as it had unduly benefited from the Bankorp bailouts.</p>
<p class="">But the High Court ruled in favour of Barclays Africa’s arguments that it did not unduly benefit from the bailouts because the price it paid for Bankorp took into account the central bank’s financial assistance.</p>
<p class="">Barclays Africa had contended that the real beneficiaries of the bailouts were Bankorp shareholders, the majority of whom were policy holders of life insurer Sanlam.</p>
<div class="Attribution_container_28wm1">
<div class="Attribution_attribution_o4ojT">
<p class="Attribution_content_27_rw">Reporting by Tiisetso Motsoeneng; Editing by James Macharia and David Holmes</p>
</div>
</div>


Barclays Africa wins case over $83 million payout in South Africa

<div style="display: block; position: relative; max-width: 730px;">
<div style="padding-top: 56.25%;"><iframe loading="lazy" style="width: 100%; height: 100%; position: absolute; top: 0px; bottom: 0px; right: 0px; left: 0px;" src="//players.brightcove.net/1571595826001/default_default/index.html?videoId=5706898733001" width="300" height="150" frameborder="0" allowfullscreen="allowfullscreen"></iframe></div>
</div>
<p>President Jacob Zuma has finally appointed a commission of inquiry into state capture. This comes two years after former public protector Thuli Mandonsela recommended that he do so in her state of capture report. Meanwhile, the ANC National Executive Committee meets today and one of the items expected to be discussed is the removal of President Zuma. Joining CNBC Africa to unpack these developments further is Richard Calland, Law Professor, University of Cape Town.</p>


Who is likely to go first SA president or Arsenal Manager?

<p>South Africa’s High Court ruled on Wednesday that an inquiry into alleged state influence-peddling in President Jacob Zuma’s government should be established as recommended by the anti-graft watchdog in a report released a year ago.</p>
<p><img loading="lazy" decoding="async" class="aligncenter wp-image-294186 size-full" src="http://cnbc.africa/wp-content/uploads/2017/12/Jacob-Zuma_GettyImages.png" alt="" width="850" height="565" /></p>
<p data-reactid="40">Zuma had challenged the right of the report’s author to call for a judicial inquiry and the appointment of a judge to head it by the Chief Justice. Zuma said it was his prerogative to set up such an inquiry.</p>
<div class="Attribution_attribution_o4ojT" data-reactid="41">
<p class="Attribution_content_27_rw" data-reactid="42">Reporting by Tanisha Heiberg; Writing by James Macharia; Editing by Matthew Mpoke Bigg</p>
</div>


SA’s Zuma abused judicial process with watchdog report challenge, says court

<p>South Africa’s High Court ruled on Wednesday that an inquiry into alleged state influence-peddling in President Jacob Zuma’s government should be established as recommended by the anti-graft watchdog in a report released a year ago.</p>
<p><div id="attachment_290368" style="width: 1034px" class="wp-caption aligncenter"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-290368" class="wp-image-290368 size-full" src="http://cnbc.africa/wp-content/uploads/2017/11/Zuma_hand_Flickr.jpg" alt="" width="1024" height="693" /><p id="caption-attachment-290368" class="wp-caption-text">DAVOS/SWITZERLAND, 27JAN10 &#8211; Jacob G. Zuma, President of South Africa, speaks at the Opening Media Lunch &#8216;World Cup 2010 &#8211; before the kick-off&#8217; during the Annual Meeting 2010 of the World Economic Forum in Davos, Switzerland, January 27, 2010 at the Central Sport Hotel.<br />Copyright by World Economic Forum<br />swiss-image.ch/Photo by Michael Wuertenberg</p></div></p>
<p>He is ordered to personally pay the costs,” High Court Judge President Dunstan Mlambo said. The court is due to rule later on whether Zuma is legally compelled by the Public Protector to set up the inquiry.</p>
<div></div>
<div class="Attribution_attribution_o4ojT">
<p class="Attribution_content_27_rw">Reporting by Tanisha Heiberg; Writing by James Macharia; Editing by Ed Cropley</p>
</div>


South African court orders Zuma to pay costs for challenging watchdog

<div style="display: block; position: relative; max-width: 640px;">
<div style="padding-top: 56.25%;"><iframe loading="lazy" style="width: 100%; height: 100%; position: absolute; top: 0px; bottom: 0px; right: 0px; left: 0px;" src="//players.brightcove.net/1571595826001/default_default/index.html?videoId=5624387076001" width="300" height="150" frameborder="0" allowfullscreen="allowfullscreen"></iframe></div>
</div>
<p>The North Gauteng High Court today heard the case of President Jacob Zuma’s review of recommendations by former public protector Thuli Madonsela “that the president must appoint a commission of inquiry into state capture’, and to be headed by a judge named by the chief justice. CNBC Africa’s Lubabalo Mashiqana was there and filed this report.</p>


State capture inquiry: Zuma challenges report

<p data-reactid="32">Rating agency Moody’s warned on Wednesday that the erosion of South Africa’s institutional framework and recent calls for changes to the central bank’s currency and price stability mandate risked undermining the country’s credit ratings.</p>
<p data-reactid="33">Public Protector Busisiwe Mkhwebane, whose job is to ensure proper conduct in public office, sparked a political row and a plunge in the rand when she proposed changes to the South African Reserve Bank (SARB)’s mandate in June.</p>
<p data-reactid="34">The central bank had that recommendation quashed by the High Court. But in fresh court papers on Tuesday it accused Mkhwebane of a “glaring omission” in failing to disclose that she had consulted on the proposal with advisers to President Jacob Zuma.</p>
<p data-reactid="35">“Historically, institutional strength was a distinguished feature in the last couple of years but recently that has somehow deteriorated,” said Zuzana Brixiova, a senior analyst for Moody’s at a conference in Johannesburg.</p>
<p data-reactid="37">“The issue of the mandate is quite clear in the constitution and the central bank has been performing that mandate very well,” Brixiova said.</p>
<p data-reactid="38">Brixiova also said the timing of calls to change the central bank’s mandate and to nationalize the bank were “unusual” as they came ahead of the ruling African National Congress’s (ANC) conference in December to elect new leaders.</p>
<p data-reactid="39">“Some of the ANC members and some of the political parties are going beyond the SARB nationalization, they are talking about the nationalization of the entire financial sector, so one also has to ask to what extent is this maybe the first step toward that,” she said.</p>
<p data-reactid="40">Policy and political uncertainty has seen business confidence slip to its lowest level in 30 years.</p>
<p data-reactid="41">In June, Moody’s cut South Africa’s debt to Baa3, its lowest investment-grade rating, citing a cabinet reshuffle in March that saw widely respected Pravin Gordhan fired as finance minister.</p>
<p data-reactid="42">S&amp;P Global Ratings and Fitch each downgraded South Africa’s credit ratings to “junk” in the aftermath of Gordhan’s removal.</p>
<p data-reactid="44">Allegations of widespread corruption in the awarding of government contracts worth billions of dollars have also dented investor confidence and widened divisions within the ANC.</p>
<p data-reactid="45">The allegations are based on leaked emails between the wealthy Gupta family &#8212; who have close ties with Zuma &#8212; and their associates. Reuters has not been able to independently verify the allegations in the emails.</p>
<p>Zuma and the Gupta family have denied any wrongdoing.</p>
<div class="Attribution_attribution_o4ojT" data-reactid="46">
<p class="Attribution_content_27_rw" data-reactid="47">Reporting by Olivia Kumwenda-Mtambo; Writing by Mfuneko Toyana; Editing by James Macharia and Catherine Evans</p>
</div>


Pressure on South Africa’s central bank a key credit risk: Moody’s

<p data-reactid="39">South Africa’s anti-graft watchdog consulted the Presidency on a proposal to change the central bank’s mandate to promote economic growth rather than currency and price stability, the bank said in court papers submitted this week.</p>
<p data-reactid="40">Public Protector Busisiwe Mkhwebane, whose job is to ensure proper conduct in public office, sparked a political row and a plunge in the value of the rand when she proposed changes to the central bank’s monetary policy mandate in June.</p>
<p data-reactid="41">The court quashed her recommendations in August.</p>
<p data-reactid="42">Mkhwebane made the proposal as she announced her findings that the apartheid government that ended in 1994 had breached the constitution by supplying Bankorp, which was bought by Absa in 1992, with a series of bailouts from 1985 to 1995.</p>
<p data-reactid="43">Absa is now owned by Barclays Africa Group and Mkhwebane said Barclays Africa had to pay 1.1 billion rand ($85 million).</p>
<p data-reactid="44">The issue of the bailout is still under review in court after Absa and the central bank challenged the findings.</p>
<p data-reactid="45">It is unclear why Mkhwebane included the recommendations on monetary policy at the end of an investigation into Bankorp.</p>
<p data-reactid="46">However, in a court affidavit filed on Monday the central bank said Mkhwebane met with the Presidency and the State Security Agency before releasing her findings, local news service EWN said.</p>
<p data-reactid="47">It also posted excerpts of the bank’s filings online.</p>
<p data-reactid="48">Mkhwebane did not disclose her meeting with the Presidency on June 7 “to discuss the new remedial action in her final report”, the affidavit said, describing the her failure to do so as a “glaring omission”.</p>
<p data-reactid="50">A Presidency spokesman was unavailable and the central bank declined immediate comment.</p>
<div class="Attribution_attribution_o4ojT" data-reactid="51">
<p class="Attribution_content_27_rw" data-reactid="52">Reporting by Olivia Kumwenda-Mtambo; Editing by Ed Cropley</p>
</div>


S.A Public Protector discussed cenbank mandate with Presidency: court papers

<p data-reactid="40">A South African court rejected on Tuesday a call by the anti-graft watchdog for the central bank to focus its monetary policy on boosting economic growth instead of on fighting inflation and keeping the rand currency stable.</p>
<p data-reactid="41">Public Protector Busisiwe Mkhwebane, whose job is to ensure proper conduct in public office, sparked a political row and a big sell-off of the rand when she proposed the change in the central bank&#8217;s monetary policy target in June.</p>
<p data-reactid="42">High Court judge John Murphy said Mkhwebane&#8217;s proposal lacked merit, in a ruling welcomed by the central bank and which was supportive for the rand.</p>
<p data-reactid="43">&#8220;She would do well to reflect more deeply on her conduct in this investigation and the criticism of her by the Governor of the Reserve Bank and the Speaker of Parliament,&#8221; he said.</p>
<p data-reactid="44">In June, central bank governor Lesetja Kganyago filed a court challenge to quash the recommendation, arguing that Mkhwebane went beyond the scope of her own mandate and describing the proposal as reckless.</p>
<p data-reactid="45">Policymakers also warned that the political concerns and regulatory uncertainty caused by the proposal were harming investor sentiment towards South Africa, the continent&#8217;s most industrialised economy.</p>
<p data-reactid="46">Responding to the court verdict on Tuesday, Kganyago said: &#8220;We welcome the judgment and we will let the judgment speak for itself.&#8221;</p>
<p data-reactid="47">&#8220;The mandate of the Reserve Bank is spelt out in the constitution and that is what we had always argued for.&#8221; he told reporters at a meeting of central bankers in Pretoria.</p>
<p data-reactid="48">Mkhwebane said last month she would not defend her recommendation in court and she was not represented at a hearing for the case.</p>
<p data-reactid="49">Spokeswomen Cleopatra Mosana said the Public Protector was studying the judgment and was not immediately able to comment.</p>
<p data-reactid="51">The rand firmed by 0.26 percent after the ruling to 13.2850 per dollar, up from 13.3500.</p>
<p>South Africa&#8217;s unemployment is at a 14-year high and key sectors of the economy, such as trade and manufacturing, are struggling as the country reels in recession.</p>
<div class="Attribution_attribution_o4ojT" data-reactid="52">
<p class="Attribution_content_27_rw" data-reactid="53">Reporting by Mfuneko Toyana and Olivia Kumwenda-Mtambo in Pretoria and TJ Strydom and Tanisha Heiberg in Johannesburg; Writing by James Macharia; Editing by Gareth Jones</p>
</div>


Court rejects proposal to change South Africa’s central bank mandate

<p data-reactid="38">The first interest rate cut in five years by South Africa&#8217;s central bank will likely boost the country&#8217;s economic growth potential, ratings firm Moody&#8217;s said, but warned that the policy decision also signalled growing political pressure on the bank.</p>
<p data-reactid="39">South Africa&#8217;s main anti-graft watchdog recommended last month that the central bank mandate be changed to place more focus on growth and not just inflation and protecting the value of the currency, the rand.</p>
<p data-reactid="40">The ruling African National Congress (ANC) party then proposed at a policy conference to nationalise the central bank.</p>
<p data-reactid="41">Central bank governor Lesetja Kganyago has said the central bank remained independent and had not come under any pressure to cut rates.</p>
<p data-reactid="42">Moody&#8217;s said in a note dated July 28 that the South African Reserve Bank&#8217;s (SARB) decision to cut rates by 25 basis points to 6.75 percent should support near-term growth by lowering the cost of investment, but also cited political pressure.</p>
<p data-reactid="43">&#8220;Political pressures on the SARB to maintain expansionary monetary policies are likely to prevail, alongside heightened pressures for fiscal spending,&#8221; said Moody&#8217;s, which rates the country&#8217;s debt just one level above subinvestment with a negative outlook.</p>
<p data-reactid="44">&#8220;The timing of the public protector’s report (that is, after a major cabinet reshuffle and before the ANC policy conference) points to growing political pressure for less independent monetary policy, a key pillar in our assessment of South Africa’s gradually deteriorating institutional strength.&#8221;</p>
<div class="Attribution_attribution_o4ojT" data-reactid="45">
<p class="Attribution_content_27_rw" data-reactid="46">Reporting by Mfuneko Toyana; Editing by James Macharia</p>
</div>


South Africa’s rate cut signals political pressure on central bank: Moody’s

<p>Absa today issued its application to the High Court for the review and setting aside of the findings and remedial action of the Public Protector’s report on the financial assistance provided by the South African Reserve Bank to Bankorp, which was later bought by  Absa.</p>
<p>We look forward to this case being brought to court. The years of baseless accusations have been unfair and prejudicial to Absa. Because the business of the courts is conducted in the open, South Africans will get an opportunity to hear the facts and watch them being interrogated, in order for this matter to be put to rest.</p>
<p>Absa is challenging the Public Protector’s report on several grounds, namely:</p>
<ol>
<li>The Report’s findings and remedial action are based on material errors of fact, including that Absa benefited from SARB financial support and that the SARB assistance did not benefit the general public.  There is no debt owed by Absa.</li>
<li>The Public Protector’s process was procedurally flawed and unfair to Absa.</li>
<li>The debt that is alleged to be due had prescribed and is therefore not recoverable.</li>
<li>The Public Protector has no jurisdiction to investigate the matter.</li>
</ol>
<p><strong><u>Absa paid fair value for Bankorp</u></strong></p>
<p>In reaching her finding that Absa benefitted from the SARB financial support, the Public Protector appears to have impermissibly ignored facts and disregarded evidence provided to her.</p>
<p>The price paid to purchase Bankorp took into account the assistance from the SARB. The eventual price paid for Bankorp by Absa was R1.23 billion and the net asset value of Bankorp was R1.222 billion (calculated including the total net yield payable under the financial assistance programme to Bankorp).  Absa was therefore not enriched.</p>
<p>The Public Protector’s conclusion, that the SARB assistance to Bankorp was not in the public interest, is not proven. On the contrary both the Davis Panel and Heath investigation, the two statutory investigations on the matter, found that the assistance was warranted to protect the financial system of South Africa. The unlawfulness, the investigations found, was in the manner in which the SARB extended the support.</p>
<p>The facts found by the Davis Panel were corroborated in the evidence Absa and SARB placed before the Public Protector.  There was no evidence to contradict those facts. The Public Protector was selective in which aspects of the various reports put before her she would use. As a result, the report fails to explain why the Davis Panel (as well as Absa, the SARB and the Treasury) was wrong in its analysis of the agreement of sale between Absa and Bankorp.</p>
<p>In stark contrast, the Ciex investigation offered no reasoning whatsoever for its conclusion that Absa was liable for R3.2 billion.  It was merely advice from Ciex that the government should coerce Absa into paying.</p>
<p>The finding that the assistance by the SARB did not benefit the South African public is equally irrational. The Public Protector did not contest, but rather accepted that Bankorp used the “lifeboat” to set-off the bad debts of its customers and that this served to avert a systemic crisis of the banking sector.  It is therefore illogical to then conclude that the South African public received no benefit at all.</p>
<p><strong><u>Procedural unfairness</u></strong></p>
<p>The Public Protector violated Absa’s right to procedural fairness in the manner in which she imposed the remedial action. Firstly, she refused to provide Absa with documents upon which she relied to make her findings both in the Provisional and Final Report, thus denying Absa the opportunity to properly appreciate and respond to the case it had to meet. This violates Absa’s basic right to procedural fairness.</p>
<p>Secondly, she relied heavily on the Ciex document which in turn made adverse findings against Absa. During its “investigation”, Ciex never afforded Absa an opportunity to make representations and to provide any relevant evidence, completely disregarding ABSA’s basic right to a fair hearing.</p>
<p><strong><u>Debt Prescribed</u></strong></p>
<p>Absa maintains that it has met all obligations relating to the SARB assistance in October 1995.</p>
<p>However, it is worth noting that any claim, valid or not, would be subject to the law of prescription.  The alleged debt would have prescribed 3 years after it was due.  More than 21 years have passed since it was allegedly due.</p>
<p>The Public Protector’s views on prescription appear to rest on a flawed understanding of the role played by the law of prescription.  There is no dispute that the debt has prescribed.</p>
<p>The Public Protector clearly believes that the law should be different, but this view on the law of prescription cannot alter that law.</p>
<p><strong><u>Jurisdiction</u></strong></p>
<p>In the final report, the Public Protector correctly states that:</p>
<p>“<em>It should be noted that the Public Protector has no jurisdiction to investigate matters that took place before the coming into effect of the Public Protector Act or the establishment of Public Protector Office in 1995. It would be in contravention of the Public Protector Act for this office to investigate matters that took place before the coming into effect of the Public Protector Act or the establishment of this office in October 1995.</em>”</p>
<p>The Public Protector therefore, misapplied the principle of jurisdiction by embarking upon an investigation and imposing remedial action which fundamentally related to events which occurred before the establishment of her office and the coming into effect of the Public Protector Act. The Ciex document concerns transactions which occurred before the coming into effect of the Public Protector Act and the establishment of the office of the Public Protector. By relying on the Ciex report, the Public Protector is in truth, imposing recovery mechanisms in respect of debts allegedly incurred before the establishment of the Office and the coming into operation of the Public Protector Act.</p>
<p><strong><u>Remedial Action is substantively unlawful</u></strong></p>
<p>The remedial action prescribed by the Public Protector, which is designed to ensure recovery of R1.125 billion allegedly owed by Absa to SARB is substantially unlawful. Firstly, no such amount is owing at all. Secondly, to require the Special Investigating Unit (SIU) to approach the President to re-open an investigation which has already been concluded would be unlawful because the very matter has already been investigated and the issue closed. By   prescribing the remedial action in a manner that compels the SIU and the President to act as directed, the Public Protector has exceeded her own powers and usurped the powers of the SIU and the President.</p>
<p>Furthermore, since the debt has prescribed, the remedial action requires the SIU and the President to embark upon a process which is entirely irrational in the circumstances.</p>
<p><strong><u>Conclusion</u></strong></p>
<p>As part of our application, we are also requesting the &#8220;Rule 53&#8221; record &#8211; which is the record of all documents that served before the Public Protector in doing her report.  Once we have the record, we will supplement our application as may be necessary.   Given the level of public interest and discussion of this matter, we believe the public has a right to have access to this information so this matter can be dealt with and concluded in a transparent manner.</p>


Absa launches High Court application to review and set aside Public Protector’s Report

<p>South Africa’s Public Protector Busisiwe Mkhwebane has called for an urgent investigation to take place into state capture, and backed her predecessor&#8217;s call that President Jacob Zuma has no right to decide which judge should oversee the inquiry.</p>
<p>According to <a href="https://www.enca.com/south-africa/public-protector-calls-for-urgent-state-capture-inquiry">ENCA</a>, this was revealed in her answering affidavit in the state of capture review application.</p>
<p>Zuma in December last year <a href="http://cnbc.africa/news/southern-africa/2016/11/25/south-africas-zuma-to-challenge-influence-peddling-report-implicating-him/">called on the courts</a> to review and set aside former public protector Thuli Madonsela&#8217;s State of Capture report.</p>
<p><a href="http://cnbc.africa/wp-content/uploads/2017/07/State-of-Capture-14-October-2016.pdf">State-of-Capture-14-October-2016</a></p>
<p><a href="http://cnbc.africa/wp-content/uploads/2017/07/Annexure-A1-Interview-between-President-Zuma-and-the-Public-Protector.pdf">Annexure-A1-Interview-between-President-Zuma-and-the-Public-Protector</a></p>
<p>Last month Mkhwebane <a href="http://cnbc.africa/news/political/2017/06/15/s-africas-public-protector-launches-probe-influence-peddling-state-owned-firms/">launched a new investigation</a> into allegations of influence-peddling and unlawful enrichment by certain officials within three state-owned firms after thousands of emails relating to alleged fraud were leaked.</p>
<p>		
				
		</p>

Public Protector

South Africa’s #PublicProtector says Ramaphosa deliberately misled parliament

Public Protector lacks requisite understanding of the law and constitution – Corruption Watch

Gordhan’s legal team demands more evidence from Mkhwebane

Capacity constraints hinder the Public Protector’s ability to investigate

Public Protector Busisiwe Mkhwebane looks back at 2 years in office

South Africa’s anti-graft watchdog says minister misled parliament

Barclays Africa wins case over $83 million payout in South Africa

Who is likely to go first SA president or Arsenal Manager?

SA’s Zuma abused judicial process with watchdog report challenge, says court

South African court orders Zuma to pay costs for challenging watchdog

State capture inquiry: Zuma challenges report

Pressure on South Africa’s central bank a key credit risk: Moody’s

S.A Public Protector discussed cenbank mandate with Presidency: court papers

Court rejects proposal to change South Africa’s central bank mandate

South Africa’s rate cut signals political pressure on central bank: Moody’s

Absa launches High Court application to review and set aside Public Protector’s Report

SA’s Public Protector wants an urgent inquiry into state capture

News Tips

Advertise With Us

Public Protector

South Africa’s #PublicProtector says Ramaphosa deliberately misled parliament

Public Protector lacks requisite understanding of the law and constitution – Corruption Watch

Gordhan’s legal team demands more evidence from Mkhwebane

Capacity constraints hinder the Public Protector’s ability to investigate

Public Protector Busisiwe Mkhwebane looks back at 2 years in office

South Africa’s anti-graft watchdog says minister misled parliament

Barclays Africa wins case over $83 million payout in South Africa

Who is likely to go first SA president or Arsenal Manager?

SA’s Zuma abused judicial process with watchdog report challenge, says court

South African court orders Zuma to pay costs for challenging watchdog

State capture inquiry: Zuma challenges report

Pressure on South Africa’s central bank a key credit risk: Moody’s

S.A Public Protector discussed cenbank mandate with Presidency: court papers

Court rejects proposal to change South Africa’s central bank mandate

South Africa’s rate cut signals political pressure on central bank: Moody’s

Absa launches High Court application to review and set aside Public Protector’s Report

SA’s Public Protector wants an urgent inquiry into state capture

News Tips

Advertise With Us

Newsletters