Cape Town — The Congress of South African Trade Unions (COSATU) has condemned former public protector, Busisiwe Mkhwebane’s bid to receive a R10 million gratuity, despite being removed from office.
Mkhwebane served as a public protector for seven years before she was impeached in September 2023 for incompetence and misconduct, one month before the end of her tenure. She sought legal action after she was not paid the R10 million gratuity that is owed to outgoing public protectors, as it was argued she did not finish her term but was removed.
In a statement, COSATU alleged that Mkhwebane is misconstruing the gratuity as a token of appreciation, not something paid to individuals who are deemed unfit to occupy the position.
“Mkhwebane might disagree, but she was found by Parliament to have been so bad at her job that she needed to be relieved of her duties a mere month before her term expired,” COSATU spokesperson, Zanele Sabela said.
Sabela said Mkhwebane’s reports were memorable for the wrong reasons and were often repeatedly contested and set aside by the court. Parliament had found her conduct to be biased and not independent of someone in her position.
#COSATU condemns Mkhwebane’s use of the legal process to gain undeserved payout @eNCA pic.twitter.com/0UpPd3jdin
— @COSATU Today (@_cosatu) August 19, 2024
It condemned Mkhwebane’s actions to seek legal recourse for distorted reports to suit specific outcomes and was characteristic of State Capture.
“COSATU condemns Mkhwebane’s attempts to default the state of funds she is not entitled to and urges the courts to dismiss her spurious case with costs. The state cannot afford to indulge in this attempt at extortion when critical nursing, teaching and police vacancies exist,” Sabela continued.
“The National Prosecuting Authority must fast track the prosecution of those implicated in State Capture, so the nation can put that unscrupulous era behind it once and for all,” she concluded.
According to TimesLIVE, the High Court in Pretoria ruled that no legislation or provision entitled Mkhwebane to the R10 million gratuity, with state advocate, Thembeka Ngcukaitobi, saying Mkhwebane did not meet the requirements for the gratuity.
Ngcukaitobi said the gratuity is offered to a public protector under four categories. When the public protector completes the seven-year tenure, when the NA permits leave due to incapacity or ill health, vacating an office for resignation, or lastly, death.
“The condition for the payment [of gratuity] is vacation, and vacation is a term recognised by law. What is clear about this idea of office vacation is that it is different from removal. Removal is not included in vacation and this was not an error because vacation was not dealt with in the Public Protector Act, but dealt with in the rules,” he said.
On Monday Mpofu argued that removing Mkhwebane did not disqualify her from receiving the gratuity payment.
He argued her removal was irrelevant and she was entitled to the R10m payout despite being impeached for misconduct and incompetence.
Advocate Ngcukaitobi, representing Public Protector Advocate Kholeka Gcaleka, is making arguments in the legal case involving Busisiwe Mkhwebane.
Mkhwebane is challenging Gcaleka and the PPSA for refusing to pay her a R10 million gratuity.
Mkhwebane was impeached in September… pic.twitter.com/GE7jQR6Zxo
— MDN NEWS (@MDNnewss) August 20, 2024
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Compiled by Matthew Petersen
