Advocates for the finance minister, the Reserve Bank and Absa delivered blistering attacks on Public Protector Busisiwe Mkhwebane’s Absa-Bankorp report in the High Court in Pretoria on Tuesday, raising serious doubt about her motives. The importance of the public protector in SA’s constitutional democracy necessitated that she "not misuse the powers afforded her" and complied with requirements of legal fairness, "at the heart of which is rationality", said Tembeka Ngcukaitobi, counsel for Finance Minister Malusi Gigaba. "In order to be rational, a decision must be based on accurate findings of fact and correct application of the law." In papers, Gigaba, the Bank and Absa have repeatedly asserted that Mkhwebane’s findings paid no regard to the evidence before her, including the findings of previous probes into the Absa-Bankorp lifeboat and submissions made by various parties on the matter. The arguments presented by the applicants on Tuesday suggest that, at best, Mkhwebane has been ...

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