REUTERS
A South Africa court on Thursday handed down a second punitive costs order against Public Protector Busisiwe Mkhwebane, after finding an investigation conducted by her office showed “gross negligence”.
Pretoria High Court Judge Ronel Tolmay ordered the Public Protector’s office to pay 85% of the costs of the Democratic Alliance and the Council for the Advancement of the South African Constitution (Casac).
The court also ruled that Mkhwebane should personally pay 7.5% of the legal fees incurred by both parties.
“The failures and dereliction of duty of the Public Protector in the Estina matter are manifold. They speak to her failure to execute her duties in terms of the constitution and the Public Protector Act,” Judge Tolmay said.
“Her conduct during the entire investigation constitutes gross negligence. She failed completely to execute her constitutional duties,” said the judge.
Oupa Segwale, a spokesman for the Public Protector, said on Thursday that Mkhwebane would appeal the judgment as the ruling on personal costs will instill fear in the anti-corruption office and prevent it from conducting investigations without fear or favour.
The court’s decision further increases scrutiny of Mkhwebane who has been accused by President Cyril Ramaphosa of abusing her office. Earlier this year, Mkhwebane alleged President Ramaphosa involved in serious misconduct linked to donations to his campaign for leadership of the ruling party. Ramaphosa is appealing the charges.
In July, the Constitutional Court ordered Mkhwebane personally to pay legal fees, estimated at 900,000 rand ($59,000), after a report her office published in 2017 demanded the mandate of the Reserve Bank, the country’s central bank, be changed. A lower court said that report was flawed and had been published in “bad faith”
