Former Public Protector Mkhwebane heads to court over R10m gratuity

CAPE TOWN - As was to be expected, former Public Protector Busisiwe Mkhwebane is taking to court her battle for at least R10 million in gratuity to be paid to her.
 
Now an Economic Freedom Fighters member of Parliament (MP), Mkhwebane has confirmed in a social media post that she’s lodged the application against her former employer which has not responded to her letter of demand to make the payment. 

Mkhwebane was impeached by Parliament in September 2023. 
 
All previous Public Protectors have been paid a gratuity when they vacated office as per the conditions of service passed by the National Assembly in 2002.

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The gloves are now well and truly off as to whether a gratuity is due to Mkhwebane after having been impeached a month before her seven-year term was due to end in October. 

 In her application lodged in the Gauteng High Court, Mkhwebane is asking it to declare certain of the Public Protector’s service conditions unconstitutional and invalid, alternatively, illegal. 
 
Mkhwebane further wants the court to set aside a decision by the Office of the Public Protector not to pay her a gratuity, and for it to make an order for a just and equitable remedy in respect of this gratuity.
 
She said the court must address the mistaken belief by the Office of the Public Protector regarding the legal provisions for the payment of a gratuity. 
 
Mkhwebane further contends the respondents, who include the president and the Speaker of the National Assembly have acted maliciously in respect of the unreasonable amount of time taken for them to respond to her demand to be paid the gratuity.