Mkhwebane acquitted in long-running perjury case linked to Absa/Bankorp investigation

Former Public Protector Advocate Busisiwe Mkhwebane has been acquitted in the long-running criminal case linked to her investigation into the Absa/Bankorp matter.

The Busisiwe Mkhwebane Foundation welcomed the outcome on Wednesday, describing it as the conclusion of a difficult legal chapter that had followed Mkhwebane for several years.

The case centred on allegations of perjury relating to statements Mkhwebane made concerning her meetings with former president Jacob Zuma during her investigation into the apartheid-era Bankorp bailout. The matter had its roots in the Constitutional Court's 2019 judgment concerning the investigation.

In August 2026, the State withdrew the principal charge in the case. Mkhwebane had pleaded not guilty to the remaining charges, with the matter postponed to 30 September for further proceedings.

The Foundation said the criminal case formed part of a broader series of legal and parliamentary disputes surrounding Mkhwebane's tenure as Public Protector.

Mkhwebane was removed from office in September 2023 following Parliament's Section 194 process, after the inquiry recommended her removal on grounds of misconduct and incompetence.

The Foundation also highlighted the Constitutional Court's 2019 decision ordering Mkhwebane to personally pay a portion of the legal costs arising from the Absa/Bankorp litigation.

It said the criminal proceedings should be distinguished from previous judicial findings concerning Mkhwebane's conduct in the litigation, arguing that the criminal allegations had to be determined separately in accordance with criminal law and evidence.

The Foundation described the acquittal as significant for Mkhwebane, who has consistently maintained that her actions as Public Protector were aimed at promoting accountability and protecting the interests of ordinary South Africans.

The organisation said Mkhwebane would continue her work through the Busisiwe Mkhwebane Foundation, particularly in support of vulnerable communities and issues relating to justice and accountability.