In trying to soften the blow on public protector Busisiwe Mkhwebane, many of the her supporters have pointed to the fact that the Constitutional Court was divided in its decision to hold her personally liable for some of the costs in the matter between her and the Reserve Bank.

In its majority judgment, the court ruled that Mkhwebane had acted in bad faith and exceeded her powers in her remedial action in the Absa/Bankorp report. Disingenuously, Mkhwebane’s supporters would have us concentrate on Chief Justice Mogoeng Mogoeng’s minority judgment which, while significant, has no material bearing on the outcome of the case...