The Law Society of South Africa (LSSA) has welcomed the Constitutional Court judgment on the Public Protector (Public Protector v South African Reserve Bank (CCT107/18)  ZACC 29) as the judgment brings finality to the matter.
On 22 July, the majority of the Constitutional Court dismissed advocate Busisiwe Mkhwebane’s application to set aside a judgment by the Gauteng Division of the High Court in Pretoria passed last year, which ordered that she pay 15% of the costs in that case from her own pocket.
The High Court judgment set aside the remedial action contained in her 2017 Absa/Bankorp report‚ which found that Absa should repay R1.1bn to the South African Reserve Bank. The Public Protector’s remedial actions also directed Parliament to amend the Constitution in order to change the mandate of the Reserve Bank.
The remarks made in the judgement brings into question the integrity of the Public Protector’s Office. We call on all relevant institutions to urgently work together to restore the dignity of this office in order to enable it to fufill its mandate without fear or prejudice.
‘We call on all institutions and the public to respect the administration of justice and to let the process take its natural course,’ says LSSA President, Mvuzo Notyesi. He adds: ‘The matter should be resolved immediately by those charged with resolving it as it is in the best interest of the public.’
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
LSSA Communications: Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344