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Public Protector Busisiwe Mkhwebane’s controversial report on the Financial Sector Conduct Authority (FSCA) has become the latest to be rejected in court.
Judge Nicolene Janse van Nieuwenhuizen, in the Pretoria High Court, reviewed and annulled the report and declared it constitutionally invalid for “lack of jurisdiction”.
Mkhwebane’s investigation into the FSCA came in the wake of a complaint filed by Economic Freedom Fighters (EFF) leader Julius Malema in 2017.
It focused on historical allegations of “mismanagement, abuse of power and misconduct” against former chief executive of the Financial Services Board, defender Dube Tshidi, as well as “systemic corporate governance deficiencies.”
In his resulting report, published in early 2018, Mkhwebane made several adverse findings against Tshidi, including that he had misled parliament and the FSCA.
The FSCA subsequently launched a request for review in June last year, saying at the time: “The way we [Mkhwebane] conducted his research makes the findings reviewable for perceived bias, bad faith, and / or ulterior motives. The only other explanation for these failures is gross incompetence and negligence. “
Janse van Nieuwenhuizen said: “The report is reviewed and canceled by agreement. Consequently, there is no report to return ”.
The FCSA said in a statement Thursday that it was satisfied with the result.
The spokesman for the public protector, Oupa Segwale, emphasized that the report had been reviewed and set aside by agreement.
“In other words, the public protector did not object to the request for review and annulment of the report,” he said.
“This was due to the fact that new information came to light after the report was issued that points to certain setbacks in the investigation process.”
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