ConCourt grants Mkhwebane direct access to appeal personal costs order

The Constitutional Court has granted public protector Busisiwe Mkhwebane direct access to challenge the constitutionality of the personal costs order made against her, her office has said.

In February, Mkhwebane was ordered by the North Gauteng High Court in Pretoria to pay 15% of the legal costs of the South African Reserve Bank’s challenge to her Absa/Bankorp report.

READ MORE: Court dismisses Public Protector’s appeal on Bankorp-CIEX costs order

The report was set aside by the court, as well as her finding that Absa was liable to pay R1.25-billion to the government.

On Tuesday, Mkhwebane’s office welcomed the Constitutional Court’s decision to grant her leave to appeal the personal costs award.

“Advocate Mkhwebane respects the courts and their constitutional authority to issue orders that bind all persons and organs of state to which they apply,” public protector spokesperson Oupa Segalwe said.

“In the same breath, it is her considered view that a personal costs order against a public protector, as a result of the discharge of their constitutional mandate, is a threat to the ideal of a public protector that must meet the standards of independence, impartiality and the exercise of powers and performance of functions without fear, favour or prejudice.”

In March, the high court dismissed Mkhwebane’s bid to appeal the personal costs order, saying there was no reasonable prospect that another court would come to a different conclusion.

The matter in the Constitutional Court has now been set down for Tuesday, November 27, 2018.

Segalwe said Mkhwebane would not make any further public comments on the matter for the duration of the court process. — News24

We make it make sense

If this story helped you navigate your world, subscribe to the M&G today for just R30 for the first three months

Subscribers get access to all our best journalism, subscriber-only newsletters, events and a weekly cryptic crossword.”

Paul Herman
Paul Herman works from London. London based Songwriter/Producer. Paul has written songs for Artists like Dido, Emeli Sande, Corinne Bailey Rae, Eminem, Izzy Bizu, Raleigh Ritchie... Paul Herman has over 260 followers on Twitter.

Related stories

WELCOME TO YOUR M&G

Already a subscriber? Sign in here

Advertising

Latest stories

Tunisia struggles to grow more wheat as Ukraine war bites

Since the Ukraine war sent global cereal prices soaring, import-dependent Tunisia has announced a push to grow all its own durum wheat, the basis for local staples like couscous and pasta.

Democracy under serious and sustained attack from within the US

Far-right Republicans and the conservative supreme court are working on a carefully laid plan to turn the US into a repressive regime

Grilling for UK leader Boris Johnson after top ministers quit

The prime minister has faced lawmakers' questions after two of the most senior figures in his government resigned. The finance and health ministers said they could no longer tolerate the culture of scandal

Declare an ‘energy emergency’, says National Planning Commission

The commission said the goals of the National Development Plan, which it is charged with advancing, ‘cannot be achieved without energy security’
Advertising

press releases

Loading latest Press Releases…
×