While Advocate Busisiwe Mkhwebane said that she has found hope in the Constitutional Court’s minority judgment which ruled in her favour, even that judgment has painted a picture of negligence at best and incompetence at worst.
The majority judgment in the apex court confirmed the High Court’s adverse findings against the advocate and upheld the order that she personally pay 15% of the South African Reserve Bank’s legal fees.
Last year, the High Court reviewed and set aside Mkhwebane’s report and remedial action in the Bankorp lifeboat matter after having found that she did not fully understand her constitutional duty to be impartial and to perform her functions without fear, favour or prejudice.
Accountability Now’s Advocate Paul Hoffman has said there were serious, final and unappeasable adverse findings on the honesty, integrity and competence of Mkhwebane and an application should be brought to strike her from the roll of advocates.
While the minority judgment penned by Chief Justice Mogoeng Mogoeng has no bearing on the court’s order, Mkhwebane appeared pleased with it.
“I’ve noted the dissenting judgment and this gives hope that they’ve taken note of the standpoint of the Public Protector.”
But Mogoeng said in the judgment, that Mkhwebane got the law completely wrong by acting as if she was open to direct Parliament to amend the Constitution.
He said the Public Protector’s remedial action was a known or predictable non-starter in legal circles and it was bound to be set aside with ease.
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