Public Protector Busisiwe Mkhwebane has not offered any defence to charges of illegality‚ irrationality and procedural unfairness regarding her decision to order the amendment of the Constitution to change the mandate of the Reserve Bank. She would also do well to reflect more deeply on her conduct regarding the CIEX Bankorp/Absa investigation report, and on the criticism of her conduct by the speaker of the National Assembly and the governor of the Reserve Bank. The High Court in Pretoria made this observation on Tuesday as it set aside the remedial action contained in her report released in June on the lifeboat to Bankorp/Absa in the 1990s. Mkhwebane had directed the chairperson of Parliament’s portfolio committee on justice‚ Mathole Motshekga, to start a process to amend the Constitution with a view to altering the primary objective of the Reserve Bank. Judge John Murphy said in his judgment on Tuesday that Mkhwebane’s instruction to amend the bank’s mandate was received with dis...

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