For the first time in the history of that Office since 1994, costs were sought by a party against the Public Protector personally. The basis advanced for this approach was, among other things, that the Public Protector had persisted in opposing all three applications launched by three applicants for the review of her remedial action by which she had directed, inter alia, that monies be recovered from Absa Bank which had been unlawfully paid by the South African central bank. The Full Bench also criticised what it termed “the unacceptable way in which she conducted her investigation” into what is colloquially known as the central bank’s “life boat” to a bank that has subsequently been acquired by Absa Bank.
The Full Bench made an order that the Public Protector personally (from her own pocket) pay 15% of the costs of the SA central bank on a punitive scale.
Read Full Judgement here
