Cape Town — Former Public Protector, Busiswe Mkhwebane, was back in court on Thursday to resume her legal bid for the office of the public protector to pay her the R10 million she claims she is entitled to.
Mkhwebane headed to court after she did not receive the R10 million gratutity that all previous public protectors receive once they have left their position, however, there were arguments made that she should not receive the gratuity as she was impeached.
Advocate Dali Mpofu, representing Mkhwebane, told Judge Colleen Collis that none of the respondents, including head of the public protectors office, Kholeka Gcaleka, followed the correct legal procedures in their opposition of Mkhwebane’s application, IOL reported.
He gave the court two options. Either the matter was heard as an unopposed application, or the matter was removed from the roll so the parties could approach the judge for special allocation of the matter. The court chose the latter.
Mpofu made it clear that the office of the public protector had to pay Mkhwebane’s wasted costs – on a punitive scale – for this week’s urgent application. The key reasons the matter could not proceed was because the opposition had not provided Mkhwebane with a record of the proceedings relating to their decision not to pay her gratuity.
Former #PublicProtector #BusisiweMkhwebane insists on a gratuity payment and additional funds personally from #KholekaGcaleka despite costing taxpayers MILLIONS in legal battles? Perhaps she should be held personally liable for the money she cost US – the taxpayer?…
— OUTA (@OUTASA) April 19, 2024
Advocate Tembeka Ngcukaitobi, acting for the public protector, denied that any delays could be attributed to his clients. He told Judge Collis that it was his understanding that the matter would not proceed this week due to its complexities.
According to SABC News, The legal counsel on behalf of the Office had argued the papers filed by the applicant did not compel the respondents to relinquish the records. The Chapter Nine institution which is the first respondent in the matter has been ordered to pay the costs.
“It appears that the parties hold different views as to what the issues ought to be that the issues that the court has to determine today (April 18, 2024). In essence, what overlaps is in fact the urgency of the application on the side of the first and second respondent, that this application ought to have been enrolled on the urgent roll for adjudication today (April 18, 2024).” Collis said,
Judge Collis said she would not hear them until the National Assembly officially filed their papers. The matter will only be heard in about a month’s time.
Follow African Insider on Facebook, Twitter and Instagram
Picture: X/@azania1023
For more African news, visit Africaninsider.com
Compiled by Matthew Petersen
