Mkhwebane not entitled to gratuity, court hears

The Pretoria High Court has reserved judgment in former Public Protector Busisiwe Mkhwebane’s R10 million gratuity case.

The High Court in Pretoria has heard arguments that the impeached Public Protector was not entitled to a end of services gratuity as she was removed from office and did not vacate the position as required by the Public Protector Act.

Mkhwebane returned to court today in a bid to challenge the incumbent Public Protector Advocate
Kholeka Gcaleka’s decision to not grant Mkhwebane the payment.

The now EFF MP was impeached last year following the section 194 report which found her guilty of misconduct.

She was forced to vacate in September after over 300 MPs voted in favour of her removal.

Advocate Tembeka Ngcukaitobi, representing Gcaleka, argued that Mkhwebane does not meet the requirements for the gratuity payment.

He emphasized that the amount was payable to those who vacate public office voluntarily, not to those who are impeached, as in Mkhwebane’s case.

Mkhwebane’s lawyer, Advocate Dali Mpofu, has however, labelled the decision not to pay her as vindictive, saying it went against the principles of Ubuntu.

Mkhwebane has also claimed poverty, stating that her earnings as an EFF MP are not enough to cover her expenses.

Meanwhile, the Public Protector’s legal team rejected comparisons between Mkhwebane and struggle icon Robert Sobukwe, made by Mpofu yesterday.

Ngcukaitobi stated bluntly that Mkhwebane is not Sobukwe, following Mpofu’s argument that Mkhwebane was being degraded by the courts.

The court has committed to reaching a decision as soon as possible.