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Mkhwebane’s charge sheet, also obtained by TimesLIVE, states that the perjury charges relate to his investigation into the apartheid-era “lifeboat” loan agreement between the Reserve Bank and the now-defunct Bankorp, which was later taken over by Absa. In 2010, a complaint about the so-called lifeboat deal was filed with the public protector’s office, and Mkhwebane took over the investigation when she was appointed in October 2016.
About two months after his appointment, the charge sheet says, Mkhwebane sent his interim report to the parties, which also included then-President Jacob Zuma along with the Reserve Bank and Absa, to “respond to his finding that the SARB was unable to improperly recover funds. ” R1.125bn from Absa ”.
The following year, it published its final report in which it found that the government and the Bank “were unable to recover R3.2bn from Bankorp and / or Absa”, and ordered parliament to “strip the SARB of its primary objective of protecting the value of the currency ”, and reopen a 1998 investigation by the Special Investigation Unit (SIU) on the matter.
The SARB, Absa and the Minister of Finance and Treasury submitted a subsequent joint application to the high court to overturn the corrective action of Mkhwebane, which won its case in February 2018.
The following month, Mkhwebane requested permission to appeal the sentence and was denied. He then appealed directly to the Constitutional Court which found that he was dishonest in his conduct in the saga, after which Hoffman filed the perjury complaint against him.
It is the affidavits attached to these cases that Mkhwebane testified to, and in which the state alleges he lied, that form the basis of the perjury case for which he must now appear in court.
“On approximately November 24, 2017 …[ Mkhwebane] illegally and intentionally under oath deposed to an affidavit in response … in which he stated he only had one meeting with the president [Zuma] which was on April 25, 2017, knowing that the statement was false, ”says the charge sheet that explains the first charge of perjury.
The second charge relates to an affidavit Mkhwebane declared dated April 2018 “in which he stated that he had a second meeting with the President [Zuma] on June 7, 2017 and that it was intended to clarify the President’s response to the interim report, knowing that the stated purpose was not the correct one ”.
On the third charge, the charge sheet states that in a June 2018 affidavit, Mkhwebane allegedly “stated that he did not discuss the final report / new corrective action with the president on June 7, 2017, knowing it was not true” .
TimesLIVE
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