The criminal case against former Public Protector Busisiwe Mkhwebane changed course this week when prosecutors withdrew the charge that formed the foundation of their allegation that she lied under oath.
The decision came after years of legal battles that began with a constitutional dispute over her conduct and ended with a criminal prosecution that placed one of South Africa’s most powerful accountability institutions under scrutiny.
When Mkhwebane walked into the Pretoria Magistrate’s Court this week, the central question hanging over her was whether prosecutors could prove that she had committed perjury.
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By the time she left court, that question had changed.
The state had withdrawn the main charge.
Mkhwebane had pleaded not guilty to the remaining counts before prosecutors abandoned the allegation that anchored the case.
The matter has now been postponed to September 30, 2026, when her legal team is expected to argue that she should be discharged.
The development does not amount to a court finding that Mkhwebane was innocent. But it represents a significant reversal in a case that grew out of one of South Africa’s most contested battles over institutional power.
The charges followed a constitutional court judgement that found Mkhwebane had been dishonest in affidavits relating to meetings with former president Jacob Zuma during her investigation into the apartheid-era Bankorp-Absa bailout.
For her critics, the case represented an attempt to hold a constitutional office-bearer accountable.
For her supporters, it became evidence of how powerful institutions could be used against an official who challenged political and economic interests.
The MK Party, which now counts Mkhwebane as its patron, seized on the withdrawal as evidence that questions must be asked about the prosecution.
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“If the state no longer intends to pursue the principal allegation, why was this matter allowed to consume so much time?” the party asked.
The answer will now depend partly on the state’s explanation for abandoning the charge.
The withdrawal also places renewed focus on the balance between accountability and the consequences of lengthy prosecutions involving senior public officials.
Mkhwebane was removed from office in 2023 after Parliament found she had committed misconduct and was incompetent following a Section 194 inquiry.
Her tenure had already become defined by battles involving the Reserve Bank, President Cyril Ramaphosa’s CR17 campaign funding report and the Bankorp matter.
The criminal case was another chapter in that broader conflict.
Now, as the prosecution’s central allegation falls away, the legal battle has entered a new phase — one that may determine not only Mkhwebane’s future but also how South Africa deals with failed accountability processes involving powerful figures.
- Prosecutors withdrew the main perjury charge against former Public Protector Busisiwe Mkhwebane in her criminal case this week.
- Mkhwebane pleaded not guilty to the remaining charges, and the case has been postponed to September 30, 2026.
- The charges originated from a constitutional court judgement finding Mkhwebane dishonest in affidavits related to meetings with former president Jacob Zuma during a Bankorp-Absa bailout investigation.
- Mkhwebane was removed from office in 2023 after Parliament found she committed misconduct and was incompetent following a Section 194 inquiry.
- The MK Party criticized the lengthy prosecution process and questioned why the principal allegation was allowed to consume so much time after its withdrawal.
