Public Protector made ‘legal blunder’ in Bankorp affidavit, say lawyers
Public Protector Busisiwe Mkhwebane’s annexing a report by economist Tshepo Mokoka to her latest affidavit in the Bankorp saga, filed on Friday, was targeted as a legal blunder by both the Reserve Bank’s and Absa’s lawyers in their replies on Tuesday. Absa said the new arguments supplied by Mokoka "amount to an admission that [Mkhwebane’s original] report cannot stand on its own". Absa CEO Maria Ramos said in her affidavit: "I am advised that the introduction of new reasons and evidence that did not inform the decision under review is not permissible." "The answering affidavit is an abuse of process. It breaks virtually every rule that applies to an organ of state when its decision is taken on review," the Reserve Bank said. "It is an ex post facto justification of the report that relies on new reasons that were not in the Public Protector’s reasons when she supplied the report". See below the affidavit: The Reserve Bank also accused Mkhwebane of lying when she said in the second pa...
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