This as the embattled Public Protector is awaiting Judge Ronel Tolmay’s High Court judgment on the costs pertaining to the review of her Vrede Dairy report. In May, Tolmay set Mkhwebane’s Vrede Dairy report aside declaring it unconstitutional and invalid. The Judge, however, reserved her judgment on costs.

On Monday, July 22, the Constitutional Court upheld the personal cost order against Mkhwebane on the ABSA/Bankorp matter with Constitutional Court Justices, Sisi Khampepe and Leona Theron, describing the embattled Public Protector’s report as flawed. Mkhwebane was also found to be dishonest in her investigation.

The Democratic Alliance and the Council for the Advancement of the South African Constitution (Casac) are amongst those eagerly watching today’s outcome as it will probably have a big bearing on the case before Tolmay in which they are applicants. They alleged the report, released in February 2018, did not probe the role played by politicians in the project, letting them off the hook. These politicians include former Free State Premier and current ANC Secretary-General, Ace Magashule, former Mineral Resources Minister, Mosebenzi Zwane, and current Free State Social Development MEC, Mamiki Qabathe, amongst others.

The North-West University (NWU) Law Professor, Elmien du Plessis, explains the litigants will get a chance to argue before the Pretoria High Court if Monday’s constitutional case and scathing judgment impacts the Vrede matter or not. “Normally, in cases like these where something is postponed, courts often wait for the constitutional court to deliver judgment on an important matter so that they can take guidance from that”. Du Plessis says Mkhwebane might rely on the minority judgment to defend herself, but that may not bode well for her as the cases and judgments are quite similar in nature. Du Plessis predicts there is another punitive cost order on the horizon for the embattled Mkhwebane.

Meanwhile, President Cyril Ramaphosa has announced that he will be taking Mkhwebane’s Bosasa report on urgent judicial review. Making it the third report on review. Mkhwebane on Friday found that Ramaphosa deliberately misled Parliament when he responded to a question about the donation to his 2017 ANC presidential campaign from Bosasa.

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