Shortly before 8pm on Wednesday December 21, four days before Christmas, an e-mail popped into the inbox of Barclays Africa’s lawyers. Attached was the "provisional report" from new public protector Busisiwe Mkhwebane, detailing how she believes Absa should be forced to repay R1.1bn plus interest to government for the 1985 bailout of the now-defunct Bankorp. It was an astounding conclusion — not only because it was two decades late. It also contradicted other experts, including Judge Dennis Davis who, in 2002, concluded the bailout was "illegal" but that it would be "impractical" to recover any money. Mkhwebane’s report seemed to be a rush job, too. For a start, the covering letter spoke of the attached "Eskom" report and said it was "for the attention of the minister". It was riddled with spelling and grammatical errors and, in its apparent haste to smear finance minister Pravin Gordhan, his name was randomly inserted into the report and he was referred to as "minister of justice" ...

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