Busisiwe Mkhwebane

Busisiwe Joyce Mkhwebane
Public Protector of South Africa
Assumed office
19 October 2016
Appointed by President Jacob Zuma
Deputy Kevin Malunga[1]
Preceded by Thuli Madonsela
Personal details
Born Bethal, Mpumalanga, South Africa
Alma mater University of the North
Rand Afrikaans University
Occupation Ombudsman
Profession Advocate

Busisiwe Mkhwebane is a South African advocate, who was appointed to serve as the Public Protector of South Africa from 19 October 2016.

Early life and education

Mkhwebane was born in Bethal in Mpumalanga on 2 February 1970, matriculating from Mkhephula Secondary School in 1988. She graduated with a BProc followed by an LLB from the University of the North (now the University of Limpopo). Subsequently, she obtained a diploma in corporate law and a higher diploma in tax from the Rand Afrikaans University (now the University of Johannesburg).[2] In 2010 she completed a Masters in Business Leadership at the University of South Africa.[3]

Career

In 1994 Mkhwebane joined the Department of Justice as a Public Prosecutor thereafter from 1996 as Legal Administrative Officer in the International Affairs Directorate. In 1998 she joined the South African Human Rights Commission as a senior researcher. The following year she joined the Public Protector's office as senior investigator and acting provincial representative. In 2005 she left to join the Department of Home Affairs as the director for refugee affairs, becoming acting chief director in asylum seekers management in 2009. From 2010 to 2014 she worked as Counselor Immigration and Civic Services in South Africa's embassy in China. 2014 her deployment by Home Affairs ended in China on return to South Africa she was a director on country information and cooperation management at the Department of Home Affairs. Mkhwebane then worked as an analyst for the State Security Agency from July 2016 to October 2016 before she was appointed Public Protector in October 2016.

She has served as a board member for the Refugee Fund, where payments for financial assistance are made for refugees in distress.[4] She serves as the Director of Business Development at Iyanilla Bricks.[5]

Controversies

In June 2017, with consultation from former South African Reserve Bank director (2003-2012), Stephen Goodson, and without consultation with government economists or legal scholars, Mkhwebane drafted changes to the Constitution to nationalize and remove the independence of the South African Reserve Bank and its mandate to keep inflation under control, she then ordered Parliament to make those changes in the Constitution.[6] The resultant loss of confidence in South Africa's governmental bonds caused the loss of millions of rand.[7] In August 2017 the Reserve Bank won its lawsuit against Mkhwebane and vacated her order as violative of separation of powers.[8]

In 2017 Mkhwebane issued a report, the Bankorp-CIEX report, on her investigation into among others, Absa Bank.[6] The Pretoria High Court set aside her order for Absa Bank to refund R1.125-billion to the government for the financial assistance bailout that its predecessor Bankorp Group had received from the former government.[9] The court found that The public protector did not conduct herself in a manner which would be expected from a person occupying the office of the public protector, it further stated: She did not have regard thereto that her office requires her to be objective, honest and to deal with matters according to the law and that a higher standard is expected of her.[10] The court assessed some costs of the case personally against Mkhwebane due to her conduct.[11][12]

References

  1. ↑ "Address by the Deputy Minister for Justice & Constitutional Development, Mr Andries Nel, MP on the occasion of the Introduction of the Deputy Public Protector Adv K Malunga to Stakeholders held at Woodhill Country Club on 13 December 2012". Department of Justice. Retrieved 30 August 2014. Advocate Kevin Sifiso Malunga was appointed by President Jacob Zuma as Deputy Public Protector on 10 December 2012 for a seven year term.
  2. ↑ "CV for Busisiwe Mkhwebane" (PDF). Parliamentary Information Centre, Parliament of the Republic of South Africa. Archived from the original (PDF) on 18 October 2016.
  3. ↑ Maphumulo, Solly (9 October 2016). "God will keep me standing, says new Public Protector". IOL. Retrieved 17 February 2017.
  4. ↑ Profile: Advocate Busisiwe Mkhwebane
  5. ↑ Public Protector Interview: Busisiwe Mkhwebane
  6. 1 2 de Wet, Phillip; Steyn, Lisa (21 June 2017). "The Holocaust denier, the public protector and the Reserve Bank". Mail & Guardian. Johannesburg, South Africa. Archived from the original on 7 July 2017.
  7. ↑ Herman, Paul (13 June 2018). "MPs to wait for Mkhwebane's reply before deciding on inquiry". News 24. Archived from the original on 13 June 2018.
  8. ↑ Omarjee, Lameez (15 August 2017). "SA Reserve Bank wins court bid against Public Protector". Mail & Guardian. Johannesburg, South Africa. Archived from the original on 17 August 2017.
  9. ↑ Groenewald, Yolandi (16 February 2018). "Public Protector's ABSA bailout report set aside". Mail & Guardian. Johannesburg, South Africa. Archived from the original on 13 June 2018.
  10. ↑ Feltham, Luke; Kekana, Mashadi (13 June 2018). "The case against Mkhwebane". Mail & Guardian. Johannesburg, South Africa.
  11. ↑ Bateman, Barry (28 March 2018). "Mkhwebane loses appeal on costs order in Absa-Bankorp matter". Eye Witness News (EWN). Archived from the original on 28 March 2018.
  12. ↑ Maughan, Karyn (9 July 2018). "Busisiwe Mkhwebane still fighting R900‚000 legal bill". Times Live. Johannesburg, South Africa: Tiso Blackstar Group. Archived from the original on 9 July 2018.
Preceded by
Thuli Madonsela		 Public Protector
2016–present		 Incumbent
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