Another loss for Mkhwebane as court denies her bid for R10m gratuity

Mkhwebane

Cape Town — Former Public Protector, Busisiwe Mkhwebane, has lost her bid to receive a R10 million gratuity owed to former Public Protectors.

Mkhwebane has tried her best to receive the R10 million gratuity that all former public protectors receive once they have left office.

Her efforts have been met with condemnation, as many feel she is undeserving since she was ousted from her position and did not complete a full term.

She appeared in the Gauteng High Court on Wednesday where Judge Omphemetse Mooki handed down the judgement and rejected Mkhwebane’s bid, and determined that due to her removal from office, she was disqualified from receiving payment, News Live SA reported

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“I make the following order: One, the application is dismissed. Two, the applicant is ordered to pay costs. Three, the cost of the council is on scale C in relation to Senior Council and scale B in relation to Junior Council,” Mooki said.

According to SABC News, Public Protector, Kholeka Gcaleka had refused the gratuity request and it was not part of her Mkhwebane’s contractual terms.

Mooki said that Mkhwebane’s constitutional rights were not violated and she was not entitled to consultation under the Promotion of Administrative Justice Act.

He agreed that the gratuity was a token of appreciation shown by an employer towards an employee and the gratuity payment is linked to a vacation of office as opposed to “an employee being a token of appreciation who left the office in disgrace,” Mooki said.

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Compiled by Matthew Petersen

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