'They could not make her surrender her principles,' says the foundation following its patron's acquittal.
Busisiwe Mkhwebane Picture: Gallo Images / Sunday Times / Moeletsi Mabe
The Busisiwe Mkhwebane Foundation has hailed its patron following her acquittal on all charges in the perjury case against her.
On Wednesday, Mkhwebane returned to the Pretoria Magistrate’s Court, where the court granted her discharge application.
Initially, the former public protector faced three counts, but the National Prosecuting Authority (NPA) withdrew one charge in 2021. Last month, she appeared in court and pleaded not guilty to the other two counts of perjury. At the time, her legal representative labelled the charges as “baseless” and said the team intended to approach the court with a Section 174 application.
That application was granted on Wednesday.
The case relates to her investigation into the Absa/Bankorp matter in which she is accused of lying under oath about her meetings with former president Jacob Zuma.
Accountability Now laid a criminal complaint of perjury against Mkhwebane with the Hawks.
This followed the Constitutional Court’s (ConCourt’s) ruling in July 2019 that upheld a Pretoria High Court judgment which found the Public Protector was dishonest about meetings she had with Zuma in affidavits submitted to the High Court and the Pretoria Regional Court in 2017 and 2018.
The ConCourt also ordered that she personally cover 15% of the SARB’s legal costs in the case.
Mkhwebane Foundation: ‘She dared to challenge power’
In a statement, the Busisiwe Mkhwebane Foundation said that although the courts previously criticised aspects of Mkhwebane’s conduct in the Absa/Bankorp litigation, including findings concerning her affidavits and the manner in which the investigation was conducted, criminal allegations must be tested in a criminal court, against evidence and according to the law.
“That test has ended in acquittal,” said the foundation.
“Over the years, Advocate Mkhwebane has endured what the foundation regards as an extraordinary campaign of political, institutional, legal, and media pressure.
“Yet she remained standing. They could challenge her, investigate her, take her to court, impose personal costs, and could attempt to silence her. They could not make her surrender her principles.
“A true giant of our recent history. Her journey has demonstrated one thing above all: you can be wounded without being defeated. You can be attacked without surrendering. You can be isolated without abandoning your cause.”
Mkhwebane still needs to shake off the Legal Practice Council’s (LPC) bid to strike her from the roll of advocates.
The LPC launched an application at the Gauteng High Court in July, on 18 separate grounds, including allegations of dishonesty, incompetence and bias.
Mkhwebane will oppose the application.
