Cape Town – Former public protector Busisiwe Mkhwebane is reportedly taking legal action to obtain her pension and other benefits after being removed from office.
Mkhwebane was dismissed a month before her seven-year term was due to end, resulting in the loss of a R10 million gratuity.
According to City Press, she has instructed her lawyers to initiate court proceedings against the Office of the Public Protector and Parliament, as they have allegedly failed to respond to her correspondence regarding the payments.
“It’s very clear that the Public Protector is entitled to a gratuity when vacating office, although it’s not clear how the Public Protector vacates office,” Mkhwebane quoted the report as saying.
While Mkhwebane asserts her entitlement to a gratuity, legal experts suggest that it depends on the terms of the service agreement she signed upon taking office.
However, The Citizen reported that high court attorney Richard Chemaly pointed out during an interview in September that the service conditions of the public protector do not include provisions for nullifying benefits if the public protector is ousted from office.
“One may think that if somebody is removed from office for misconduct, they should not be entitled to benefit from it. However, in the case of the public protector gratuity, it is an entitlement upon ‘vacation of office’,” said Chemaly, according to the report.
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Compiled by Betha Madhomu
