Court denies Busisiwe Mkhwebane’s R10 million payout demand

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Former public protector Busisiwe Mkhwebane has been denied the R10-million gratuity payment which has been the subject of a fierce legal battle between her and her former office.

The Gauteng High Court in Pretoria handed down judgement on Wednesday.

The Economic Freedom Fighters (EFF) MP turned to the court to compel the Office of the Public Protector to pay the R10 million gratuity she claims she is entitled to.

Judgement

However, Gauteng High Court Judge Omphemetse Mooki dismissed Mkhwebane’s application for her payout demand upholding the Office of the Public Protectors stance that her removal from office disqualifies her from receiving the payment.

“It would be absurd for an employer to be expected to pay a gratuity, being a token of appreciation, to an employee who left office in disgrace”.

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He found that the relief sought by Mkhwebane was not applicable, as her claim was based on a contractual dispute and not a constitutional matter.

“The application is dismissed. The applicant is ordered to pay costs.”

During court proceedings in August, Mkhwebane’s counsel, Advocate Dali Mpofu, argued that her removal from office for misconduct and incompetence was “irrelevant” to her entitlement to the R10 million payout.

Struggling

Mkhwebane said she wanted her gratuity because she was struggling to make ends meet and earning significantly less in her new role as an Economic Freedom Fighters (EFF) MP.

She was impeached by the National Assembly just before her seven-year non-renewable term as public protector ended in September last year.

A Section 194 Committee recommended her impeachment after she was found guilty of misconduct and incompetence during her tenure.

While previous public protectors received an end-of-service gratuity on leaving office, in line with the conditions of service passed by the National Assembly in 2002, the decision to withhold Mkhwebane’s gratuity was informed by a legal opinion stating she was not entitled to the R10 million due to her removal from office.