Former Public Protector Mkhwebane loses court bid to be paid R10m gratuity

Now an Economic Freedom Fighters (EFF) MP, Mkhwebane has not relented in challenging aspects related to her impeachment as Public Protector by Parliament in September last year.

But on Wednesday, the Gauteng High Court said that it could not agree with her argument that it was irrelevant how she left office in determining whether she should be paid a gratuity.

At the heart of the legal dispute was the interpretation of a clause in the conditions of service for a Public Protector, that the incumbent is due a gratuity upon vacating office.

Judge Omphemetse Mooki agreed with the respondents that this did not apply to someone removed from office.

He said that to make the payment to someone who was removed for misconduct and incompetence, would erode public trust in that office.

"It would be absurd for an employer to be expected to pay a gratuity being a token of appreciation to an employee who left office in disgrace," said Mooki.

Furthermore, the court disagreed with Mkhwebane's claim that refusing her the gratuity constitutes administrative action.

The judge said it was therefore not subject to judicial review.

"She did not vacate her office within the meaning of clause 3.1 of the conditions of service. Vacation of office as contemplated in clause 3.1 means the leaving of office at the end of the term of office as Public Protector," said Mooki.

Mkhwebane was removed by Parliament less than a month shy of the end of her seven-year, non-renewable term.

In a second blow, Mkhwebane has also been ordered to pay the respondents' costs in this matter.