Former Public Protector Busisiwe Mkhwebane has been acquitted of perjury charges in the Pretoria Magistrates Court. The charges stemmed from a Constitutional Court judgement on her Absa/Bancorp report, which was based on the mandate of the South African Reserve Bank. Mkhwebane was found to have given differing versions about her meeting with then statesman Jacob Zuma during her investigation into the SARB. Her perjury matter went to trial, but she brought a discharge application after the State closed its case.
The Pretoria Magistrates Court granted Mkhwebane's discharge application, effectively acquitting her of the charges. This development has been welcomed by the Busisiwe Mkhwebane Foundation, which described it as one of the most consequential controversies of her tenure. The foundation's statement comes as a relief to Mkhwebane, who has been embroiled in various legal battles.
Despite the acquittal, Mkhwebane's legal woes are far from over. She is still fighting a bid to strike her from the roll of advocates. This matter is set to be heard in the Supreme Court of Appeals, where Mkhwebane will continue to fight for her R10 million end-of-service gratuity. The outcome of this case will have significant implications for Mkhwebane's career and finances.
Mkhwebane's troubles began with her investigation into the South African Reserve Bank's involvement with Absa and Bankorp. The Constitutional Court judgement found that she had given conflicting accounts of her meeting with Jacob Zuma, leading to the perjury charges. However, the court's decision to acquit her suggests that there was insufficient evidence to secure a conviction.
The Busisiwe Mkhwebane Foundation has expressed relief at the acquittal, highlighting the significance of this development for Mkhwebane's reputation. As a former Public Protector, Mkhwebane has played a crucial role in promoting accountability and transparency in South Africa. Her acquittal will likely be seen as a vindication of her actions.
Mkhwebane's case has been closely watched by various stakeholders, including politicians, civil society organizations, and the legal community. Her determination to clear her name and secure her end-of-service gratuity has been evident throughout the process. The Supreme Court of Appeals will have to consider the merits of her case and make a ruling on her bid to remain on the roll of advocates.
The outcome of Mkhwebane's case will have far-reaching implications for the South African legal system and the office of the Public Protector. As the country continues to grapple with issues of accountability and transparency, Mkhwebane's experience serves as a reminder of the challenges faced by those who seek to hold others to account. The Supreme Court of Appeals' decision will be eagerly anticipated by many.
Key points
- Mkhwebane acquitted of perjury charges
- Mkhwebane still fighting to remain on roll of advocates
- Mkhwebane seeking R10 million end-of-service gratuity
