The gloves are off in the battle between Public Protector Busisiwe Mkhwebane and the Reserve Bank regarding the Absa and Bankorp matter, with the Bank seeking a costs order against her in her personal capacity and a declaratory order that she has abused her office. There is also a suggestion in court papers filed by the Bank this week that Mkhwebane conspired with the Presidency. Mkhwebane’s answering affidavit — filed in response to review applications by the Bank, Absa and the Treasury regarding her report — sought to justify the report on reasons not given in the report, the Bank’s general counsel, Johannes de Jager, said in papers. The retrospective justification relied on the analysis of economist Tshepo Mokoka that was "based on a number of fundamental misunderstandings of the nature of the financial assistance given to Bankorp", De Jager said. SARBs Replying Affidavit to Public Protector Mkhwebane’s now notorious Absa and Bankorp report, released in June, found that the gover...

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