Former Public Protector Advocate Busisiwe Mkhwebane has been acquitted of perjury charges linked to her controversial investigation into the apartheid-era Absa/Bankorp bailout. The ruling, delivered on Wednesday, 30 September 2026, in the Pretoria Magistrates' Court, brings to a close a criminal case that spanned several years.
Origins of the charges
The charges originated from a 2019 Constitutional Court judgement concerning Mkhwebane's 2017 Absa-Bankorp report. That judgement criticised her investigation into the South African Reserve Bank's historical bailout of Bankorp (later Absa) and found that she had given differing versions in affidavits about meetings with then-President Jacob Zuma during the probe. Civil society organisations subsequently laid criminal complaints, leading to charges of perjury (lying under oath) against her. She became the first Public Protector to face such criminal charges.
Key developments in the case
In August 2026, the State withdrew the principal charge that formed the foundation of the case. Mkhwebane pleaded not guilty to the remaining counts. The matter was postponed to 30 September. After the State presented its case, her legal team applied for a discharge, which the court granted.
Reaction from the Busisiwe Mkhwebane Foundation
The Busisiwe Mkhwebane Foundation welcomed the outcome, describing it as the conclusion of a difficult legal chapter. The Foundation noted that the criminal case formed part of a broader series of legal and parliamentary disputes during her tenure. It emphasised that the criminal proceedings should be distinguished from earlier judicial findings about her conduct in the litigation, and that the allegations had to be tested under criminal law and evidence standards.
The Foundation said Mkhwebane has consistently maintained that she acted in the interests of accountability and ordinary South Africans, and that she remains committed to the fight for justice through the Foundation's work with vulnerable communities.
Background on Mkhwebane's tenure and impeachment
Mkhwebane served as Public Protector from 2016 until her suspension in 2022. She was removed from office in September 2023 after Parliament completed a Section 194 inquiry that recommended her removal on grounds of misconduct and incompetence – the first time a head of a Chapter 9 institution was impeached. The perjury allegations featured among the issues raised during that process.
What the acquittal means going forward
The acquittal ends the criminal prosecution but does not alter previous court findings, including the Constitutional Court's personal costs order against her in the Absa/Bankorp litigation, or other ongoing professional matters.