The Pretoria regional court has acquitted former public protector Busisiwe Mkhwebane of perjury charges. The charges were related to a 2019 constitutional court judgment that found she had given different versions about her meeting with former president Jacob Zuma during her investigation into the Reserve Bank. Mkhwebane's legal team had applied for the charges against her to be discharged after the state closed its case in her trial.
The Busisiwe Mkhwebane Foundation has welcomed the acquittal, stating it marks a significant moment in a "long and difficult legal chapter" for Mkhwebane. The foundation noted that the charges had shadowed Mkhwebane for years. Mkhwebane's perjury charges stemmed from her investigation into the Absa/Bankorp matter, which was a highly controversial and publicized case.
The foundation praised Mkhwebane for her resilience in the face of intense public controversy, legal battles, parliamentary proceedings, and media scrutiny. According to the foundation, Mkhwebane maintained that she was acting in pursuit of accountability and the interests of ordinary South Africans. The foundation emphasized that Mkhwebane did not abandon her principles, even when faced with criticism and public condemnation.
Mkhwebane was removed from office in 2023 following a parliamentary impeachment process that found her guilty of misconduct and incompetence. Despite this, the foundation stated that Mkhwebane remained committed to her cause. The foundation described the opposition Mkhwebane faced as an extraordinary campaign of political, institutional, legal, and media pressure.
The foundation emphasized that attempts to break Mkhwebane over the years had failed. "They could challenge her. They could investigate her. They could take her to court. They could attempt to silence her, but they could not make her surrender her principles," the foundation said. Mkhwebane remained standing despite relentless media attacks, public vilification, impeachment, and criminal proceedings.
While courts had previously criticized aspects of Mkhwebane's conduct in the Absa/Bankorp litigation, the foundation emphasized that criminal charges must be tested according to the law. The foundation praised Mkhwebane as a figure who "stood in the storm and refused to bend". The foundation added that Mkhwebane's courage would be recognized by history.
As Mkhwebane continues to navigate separate legal matters, including an application by the Legal Practice Council to strike her from the roll of advocates, the foundation's statement serves as a testament to her resilience. The acquittal marks a significant milestone in Mkhwebane's journey, and the foundation's praise for her unwavering commitment to her principles is a notable endorsement.
Key points
- The Busisiwe Mkhwebane Foundation welcomes the acquittal of former public protector Busisiwe Mkhwebane on perjury charges.
- Mkhwebane was acquitted of charges related to her investigation into the Absa/Bankorp matter.
- The foundation praises Mkhwebane for her resilience in the face of intense public controversy and legal battles.
