Absa: Mkhwebane seeking to introduce new justifications for remedial action

Public Protector Busisiwe Mkhwebane insists that Absa benefited from the bailout of Bankorp in the 1980’s and that the 2002 expert panel led by Judge Dennis Davis simply got it wrong.

FILE: Public Protector Busisiwe Mkhwebane during a visit to Masiphumelele in Cape Town. Picture: Cindy Archillies/EWN

JOHANNESBURG - Absa bank says the Public Protector’s answering affidavit seeks to introduce new justifications to support her remedial action over the apartheid-era bailout.

Busisiwe Mkhwebane insists that Absa benefited from the bailout of Bankorp in the 1980’s and that the 2002 expert panel led by Judge Dennis Davis simply got it wrong.

Absa and the South African Reserve Bank have filed replying affidavits to challenge the Public Protector’s findings.

Absa says that in an attempt to deal with the inadequacies of her report, the Public Protector claims that she never intended to compel the Special Investigating Unit (SIU) to recover anything from the bank.

But she now contends that her report merely requested the president to consider asking the SIU to conduct a further investigation into who, if anyone, should repay this financial assistance.

Absa says Mkhwebane has failed to adhere to the standards demanded of an organ of state in litigation and wants the remedial action against it to be reviewed and set aside.

The reserve bank, meanwhile, says it wants the High Court to grant a declaratory order against the Public Protector stating that she abused her office.

(Edited by Zamangwane Shange)