Public Protector Busisiwe Mkhwebane has lost her fight against Absa in the High Court in Pretoria. On Friday morning, the court set aside the remedial action contained in her Absa-Bankorp report and ordered her to pay 15% of the Reserve Bank’s costs in her personal capacity."In the matter before us it transpired that the public protector does not fully understand her constitutional duty to be impartial and to perform her functions without fear, favour or prejudice," Judge Cynthia Pretorius said in her judgment. This was a case where "a simple punitive costs order against her in her official capacity will not be appropriate. This is a case where we should go further and order the public protector to pay at least a certain percentage of the costs incurred on a punitive scale".The judge ordered that the public protector, in her official capacity, pay Absa’s costs, on an attorney and client scale, including the costs of three counsel. The public protector was ordered to pay 85% of the R...

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