Mkhwebane's decision not to hear Msibi was based on her incorrect application of the law.
Public Protector Busisiwe Mkhwebane in the dock at the Pretoria Magistrate's Court, appearing on charges of perjury on 21 January 2021. Picture: Neil McCartney
In a judgment delivered by the High Court in Pretoria on Wednesday, Acting Judge Livhuwani Vuma was particularly scathing on Mkhwebane’s failure to hear Msibi’s side of the story before releasing her adverse preliminary findings against him. Mkhwebane also found that Msibi’s appointment of senior counsels, or advocates, to handle disciplinary processes – which did not require such high levels of expertise – amounted to irregular expenditure and that he improperly approved excessive payments to his bodyguards.But the acting judge scolded the way the public protector conducted the investigation. Vuma said Msibi was denied his right to be heard, especially because the remedial actions were detrimental on his part.
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