SA’s highest court will have to decide the last round of a legal battle between Public Protector Busisiwe Mkhwebane and the Reserve Bank — and the stakes for Mkhwebane are very high. The Reserve Bank wants the Constitutional Court to find that Mkhwebane "abused her office" when she conducted her investigation into an apartheid-era Reserve Bank bail-out given to Bankorp, and later ordered that the constitutional mandate of the Reserve Bank be changed. The Reserve Bank says the "secretive" way Mkhwebane conducted her Bankorp investigation — which included undisclosed meetings with the Presidency and State Security Agency — showed she had an "ulterior purpose to undermine the Reserve Bank". According to Reserve Bank legal adviser Johannes Jurgens de Jager, records showed that "before she issued her final report, the public protector discussed the vulnerability of the Reserve Bank with the State Security Agency and her intended remedial action to amend the Constitution to remove the Res...

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