Office of Public Protector obliged to pay Mkhwebane her R10m gratuity, court hears

JOHANNESBURG - Former Public Protector Busisiwe Mkhwebane’s legal team says her erstwhile office is legally obliged to pay her a R10 million gratuity.

Previous incumbents have received an end-of-service gratuity on their exit in line with the conditions of service passed by the National Assembly in 2002.

But because she was impeached by Parliament before what would otherwise have been the end of her term, Mkhwebane hasn’t received hers and she’s now challenging this in the High Court in Pretoria on Monday.

The Public Protector’s Office’s position is that the gratuity is discretionary.

Mkhwebane’s counsel, advocate Dali Mpofu, says it’s wrong, though.

"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."