Cape Town — The legal team of former Public Protector and Economic Freedom Fighters (EFF) MP, Busisiwe Mkhwebane, has argued that she should receive her R10 million gratuity.
Mkhwebane returned to court on Monday, as she awaits the outcome of her formal complaint against her former employers after she did not receive the R10 million gratuity that is paid to public protectors after they finish their term.
The court argued that Mkhwebane forfeited the gratuity as she was impeached.
According to EWN, the Public Protector’s office argued that the gratuity paid to former public protectors is discretionary, but Mkhwebane’s counsel, advocate Dali Mpofu, said it was wrong and she was still owed her rightful gratuity.
“The real underlying submission of the other side is that this is a discretionary, benevolent thing that you do if you like and don’t do if you don’t like, there’s no legal obligation, that’s really the submission. I want to demonstrate to your Lordship that what we’re talking about here actually carries a legal obligation.”
According to The Citizen, current Public Protector advocate, Kholeka Gcaleka, said in her affidavit that Mkhwebane had no right to claim the remedy as she did not vacate office, and therefore is not legally entitled to the gratuity. Gcaleka said the gratuity was not a legal right at all.
Follow African Insider on Facebook, Twitter and Instagram
Picture: X/@TheLegalSA
For more African news, visit Africaninsider.com
Compiled by Matthew Petersen
