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Johannesburg – The Hawks have confirmed that Public Protector Busisiwe Mkhwebane will face three counts of perjury in Pretoria Magistrates Court in January.
A charge sheet shows that Mkhwebane will face three counts of perjury for allegedly lying under oath for the number of times he met with President Jacob Zuma during his investigation of the Absa / SA Reserve Bank lifeboat matter in April 2017. or around that date.
The charge sheet said that she only declared a meeting with the president in several affidavits, “knowing that the statement was false.”
The other two charges relate to his meeting with the former president again in June 2017 and his alleged lie about the content of their discussions that day.
The State alleges that Mkhwebane was dishonest in his affidavit when he said that he had met with Zuma to clarify his position on the interim report and that he lied when he said that he had not discussed the final report with him.
In June 2017, Mkhwebane published the report on the Absa / Sarb lifeboat and ordered Parliament to amend the Constitution and change the mandate of the SARB as part of its corrective action.
The report also ordered the Absa bank to repay R1.125bn it received from the SARB in the 1990s.
The report was reviewed and overturned by the Pretoria High Court, which ordered her to pay a punitive personal expenses order of 15% of the legal bill to the reserve bank out of her own pocket.
The court at that time in a scathing ruling, said: “In the matter before us it transpired that the Public Protector does not fully understand its constitutional duty to be impartial and to perform its functions without fear, favor or prejudice.”
She took the matter on appeal to the Constitutional Court, which upheld the sentence and found that she had not acted in good faith, lied under oath, had a flawed investigation model, and was dishonest.
Hawks spokesman Colonel Katlego Mogale confirmed that Mkhwebane had received a subpoena.
“The Crime Priority Investigation Directorate today received a subpoena for the Head of an institution established in terms of Chapter 9 of the Constitution of the Republic of South Africa.
“The incumbent received the summons and is scheduled to appear in Pretoria trial court on January 21, 2021.
“The citation contains three counts of perjury.
“The DPCI will not be further involved in this matter until the incumbent appears in court,” Mogale said.
MESS
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