SABC News - Mkhwebane remains defiant amid SARB outcry:Tuesday 12 September 2017

Mkhwebane remains defiant amid SARB outcry

Tuesday 12 September 2017 18:47

Tshepo Mongoa

Mkhwebane says the meetings were to assist with her investigations.

Mkhwebane says the meetings were to assist with her investigations.(SABC)

Public Protector Busisiwe Mkhwebane has defended her meetings with the Presidency and State Security. Mkhwebane says the meetings were to assist with her investigations.

This after the South African Reserve Bank questioned Mkhwebane's meetings with the two parties to discuss amending the Reserve Bank's constitutional mandate - just weeks before she released her Bankorp report.

The Reserve Bank says discussing aspects of her report with the presidency undermines the independence of her office. The central bank is asking the courts to set the report aside.

Mkhwebane says her office has powers to meet with anyone.

"What I would like to put on record is that nothing is stopping the PP to meet any person including the President, SSA, DA, or Andile during my investigation. In my responding affidavit, I will be setting the record straight and clarifying because now is concerning to find such papers in the media when that is managed through the office of deputy judge president."

On the other hand, legal experts believe that the case by the South African Reserve Bank to protect its mandate has been strengthened.

Law Professor at Monash, Tshepo Mongalo says the information provided by the Public Protector appears to be inadequate.

The central bank also says the public protector did not include the transcript of the meeting with the state security agency in court papers.

Mkhwebane released her findings on the CIEX report looking into the Bankorp bailout during the apartheid era  in June. The remedial action to amend the Constitution has already been set aside by the High Court.

"Even though I have not read the answering affidavit by the PP, it appears the SARB has made a good case, especially in line with the reference to doc received from PP which were initially confidential. They are documents disclose a weak case basis for making the final remedial action made," said Mangalo.

The public protector is set to file her answering affidavit soon. It's expected that among issues that Mkhwebane could raise in her answering affidavit may include how the court papers were leaked to the media.

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