In August, when Judge John Murphy set aside the remedial action proposed by Public Protector Busisiwe Mkhwebane in her report on the bail-out of apartheid-era bank Bankorp, he warned that she risked the charge of "hypocrisy and incompetence" if she did not hold herself to an equal or higher standard of legality than those subject to her writ. In that instance, which was the urgent part of the application, the court struck down Mkhwebane’s instruction to Parliament that it amend the Constitution to change the South African Reserve Bank’s mandate. Murphy described Mkhwebane’s reasoning that the mandate of the Bank be changed as "superficial and erroneous" and found that she had not established a rational basis for the proposed remedial action. Now, as the Bank proceeds with the rest of its review application on the report, Mkhwebane has been shown up to be worse than hypocritical and incompetent. Dishonest, unfair, biased and having ulterior motives are the charges that now come to mi...
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