Public Protector Busisiwe Mkhwebane due in court for perjury charge

The Public Protector Advocate Busisiwe Mkhwebane is expected to make an appearance in the Pretoria Magistrate’s Court on Thursday, 21 January 2021, facing three counts of perjury.

This comes after Paul Hoffman, the director of nongovernmental organisation Accountability Now, laid a complaint against her in 2019, making her the first head of a Chapter 9 institution to face a criminal charge.

“There will be a first appearance of a head of a prominent institution at Court 8 at the Pretoria Magistrates Court scheduled for 08:30 tomorrow morning 21 January,” the National Prosecuting Authority (NPA) said of her appearance.

What exactly is the public protector accused of?

The matter stems from Mkhwebane’s investigation into an apartheid-era loan by the South African Reserve Bank to Bankorp, which is now part of Absa. In 2019, the Constitutional Court upheld a ruling by the High Court, which found that her conduct during the investigation was dishonest.

In December 2020, the Gauteng Director of Public Prosecutions announced they would be criminally prosecuting Mkhwebane, after assessing information brought by the Hawks.

“The NPA wishes to confirm that the DPP indeed took a decision to prosecute after he carefully assessed the evidence presented to him by the Hawks. This is in line with the prosecution policy and the law,” The NPA said in a statement.

Since coming into office in late 2016, Mkwebane has had a tumultuous tenure, mainly marred by adverse court findings against her as well as a possible parliamentary inquiry into her fitness to hold office. This also includes legal stand-offs with President Cyril Ramaphosa, Public Enterprises minister Pravin Gordhan, and others.

Mkhwebane’s court appearance comes just days after her office announced she would be taking some time off, leaving her second-in-command, Advocate Kholeka Gcaleka to hold the fort.

“Public Protector advocate Busisiwe Mkhwebane has gone on a sabbatical leave to get some rest. The leave commenced on 15 January and will end on 31 March. Such a leave of absence is provided for in the terms and conditions applicable to the position of public protector,” the public protector’s spokesperson Oupa Segalwe said in a statement.

Mkhwebane’s leave was granted by National Assembly speaker Thandi Modise, on the condition that she would avail herself for matters related to the parliamentary probe into her fitness to hold office.