Public Protector Busisiwe Mkhwebane. Picture: THAPELO MOREBUDI/SUNDAY TIMES
Public Protector Busisiwe Mkhwebane. Picture: THAPELO MOREBUDI/SUNDAY TIMES

The Legal Practice Council, which regulates the affairs of all legal practitioners in SA, has sent a complaint regarding Busisiwe Mkhwebane's fitness to be an advocate to its provincial council. 

The council acknowledged the complaint at a regular executive committee meeting on Friday, chairperson Hlaleleni Dlepu said in a statement. Public interest litigation institute Accountability Now had filed the complaint to the council following a scathing Constitutional Court judgment last week. 

The Constitutional Court ordered Mkhwebane to pay 15% of the legal costs in her personal capacity in a review application which set aside her report that looked into the apartheid-era loan from the SA Reserve Bank to Bankorp.

The top court said it would not interfere with the high court’s punitive costs order in her personal capacity, which Mkhwebane had appealed against, or with the finding that she had acted in bad faith.

The court also found that she had told a “number of falsehoods” in the course of the litigation.

Accountability Now's Paul Hoffman wrote to the council asking if it had taken note of the top court’s judgment. He  asked for confirmation that the council was looking into the matter, with a view to bringing an application to strike her from the roll of advocates. 

Dlepu said on Monday the complaint was sent to "the relevant provincial office for processing, like all other complaints received by council". 

She said that while the complaint was being processed, the council was prohibited by the Legal Practice Act from discussing the matter.