Public Protector Busisiwe Mkhwebane said she welcomes President Jacob Zuma’s decision to establish a commission of inquiry into state capture. Picture: Jonisayi Maromo/ANA

Johannesburg - Public Protector Busisiwe Mkhwebane's controversial CIEX report has been set aside by the High Court in Pretoria on Friday. 

Th Public Protector released the report in June last year and caused an uproar among various institutions as it called for an amendment of the Constitution.  

In her report Mkhwebane had ordered that the Absa bank should pay back R1.125 billion that it received from the South Africa Reserve Bank (SARB) as part of a apartheid-era bail out in the early nineties. 

The bailout was given to Bankorp, which was later acquired by Absa. Mkhwebane felt the bank needed to take responsibility for paying back the money. 

Her report also recommended that Parliament should look into amending the role of the Reserve Bank as stated in the Constitution - a recommendation that angered many including the SARB. 

Absa and the SARB took her to court on the matter. The case was heard in December. The SARB hit hard on the recommendation and ordered a review of the report and asked the court to declare that Mkhwebane had abused her power. 

The High Court ordered that she pay 15% of the legal bill, for Absa and the SARB, from her own pocket and that the rest of 85% should be paid by her office. 

The judge said that it was clear that Mkhwebane does not fully understand her constitutional duty to be impartial. 
Political Bureau