Mkhwebane's remedial action of Reserve Bank's mandate set aside by High Court

On Tuesday, the North Gauteng High Court set aside Public Protector Busisiwe Mkhwebane's remedial action to change the constitutional mandate of the South African Reserve Bank (SARB).

In June, Mkhwebane made the finding while dealing with the Bankcorp bailout from the 1990s.

EWN reporter Barry Bateman says Judge John Murphy endorsed the Reserve Bank Governor Lesetja Kganyago's criticism of Mkhwebane's findings and how she came up with her remedial actions.

The judge referred to her "superficial reasoning and erroneous findings"...

Barry Bateman, EWN reporter

In another aspect referring to how the Public Protector failed in her duties, in particular respect related to procedural fairness - and this has not only damaged the economy but also the reputation of her office.

Barry Bateman, EWN reporter

Bateman says the judge has found that the Public Protector's order entrenches unconstitutionality and irrationality of Parliament's exclusive authority.

This remedial action does overstep that separation of power and that was under the bases that he found it unlawful and needed to be set aside.

Barry Bateman, EWN reporter

Bateman says the judge had strong and critical words for Busisiwe Mkhwebane conduct in the matter.

It certainly could be taken to Parliament to say she is not fit to hold this office anymore.

Barry Bateman, EWN reporter

To hear the rest of the interview, listen below:


This article first appeared on 702 : Mkhwebane's remedial action of Reserve Bank's mandate set aside by High Court


Recommended

by NEWSROOM AI

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Christo Wiese revealed as one of the many National Party funders

Christo Wiese revealed as one of the many National Party funders

Open Secrets released a report this week of business people who gave money to the NP during apartheid.

Constitution mandates Sarb to protect the value of the rand in your pocket

Constitution mandates Sarb to protect the value of the rand in your pocket

The Money Show’s Bruce Whitfield interviews Reserve Bank Deputy Governor Kuben Naidoo.

Sarb governor says he was asked if he would quit after PP recommendation

Sarb governor says he was asked if he would quit after PP recommendation

Reserve Bank Governor Lesetja Kganyago appeared before Parliament’s standing committee on finance on Tuesday.

Sarb not backing down on court bid to overturn Mkhwebane's remedial action

Sarb not backing down on court bid to overturn Mkhwebane's remedial action

Reserve bank officially approached the court to set aside Mkhwebane's remedial actions to change the mandate of the Reserve Bank.

Why the SA Reserve Bank cut rates (against the expectation of 92% of economists)

Why the SA Reserve Bank cut rates (against the expectation of 92% of economists)

The Money Show’s Bruce Whitfield interviews Nedbank Economist Busisiwe Radebe about Governor Lesetja Kganyago’s surprise move.

Repo rate cut may see consumers paying less on outstanding debt - economist

Repo rate cut may see consumers paying less on outstanding debt - economist

South African Reserve Bank Governor Lesetja Kganyago announced that the repo rate would be cut by 25 basis points to 6.75%.

The Sarb may not want to trim rates prematurely - economist

The Sarb may not want to trim rates prematurely - economist

The South African Reserve Bank will announce on Thursday if it will trim or keep interest rates unchanged.

Popular articles
Why many couples today are struggling with marriage

Why many couples today are struggling with marriage

Dr Eve advises that many modern couples need marriage to be a safe space for self-expression and self-actualisation.

'The NPA should be ready and re-enroll the matter' - Nel on Malema prosecution

'The NPA should be ready and re-enroll the matter' - Nel on Malema prosecution

AfriForum not backing down over decision to privately prosecute Julius Malema.

'They shot out the tyres and they shot the victim'

'They shot out the tyres and they shot the victim'

EWN's Mandy Weiner describes an eyewitness account of one of the two shootings on Johannesburg's highways on Wednesday.

Cape Town not out the woods yet even with recent rainfall

Cape Town not out the woods yet even with recent rainfall

Climate expert, Piotr Wolski, says the city will know towards the end of May whether 2018 is a good or bad year.

Where is Zuma going to get this 'tsunami' of legal fees?  - Karyn Maughan

Where is Zuma going to get this 'tsunami' of legal fees? - Karyn Maughan

The Presidency has now officially withdrawn its application for leave to appeal the personal costs order against Jacob Zuma.

Water to be released from Berg River to Misverstand Dam to avoid Day Zero

Water to be released from Berg River to Misverstand Dam to avoid Day Zero

Government has put plans in place to prevent the Misverstand Dam from running dry in a week's time.

Highly-criticised world athletics body's rule could end Caster Semenya's career

Highly-criticised world athletics body's rule could end Caster Semenya's career

She faces ongoing complaints from rivals about having an "unfair advantage" on the track, but how fair is this proposed IAAF rule?