Mkhwebane's attack on Gcaleka, Parliament over R10m gratuity regrettable, says court

JOHANNESBURG - The Gauteng High Court says former Public Protector Busisiwe Mkhwebane’s attack on her successor and against Parliament, after not being paid an end-of-service gratuity is regrettable.

The court found Mkhwebane failed to substantiate claims that Kholeka Gcaleka acted with bias against her.

On Wednesday, Mkhwebane suffered her second legal blow in just one week when the court found her assertion that she should be paid a R10 million gratuity after being impeached to be absurd.

She was also slapped with a cost order.

The High Court said the Economic Freedom Fighters (EFF) member of Parliament (MP) is wrong to believe the end-of-service gratuity formed part of her remuneration package as a Public Protector.

It also disagreed with her assertion that she was entitled to a hearing by her successor, Gcaleka, before a decision was taken on whether she should be paid the gratuity.

Mkhwebane is the first Public Protector not to be paid a gratuity.

However, the court said the vacation of office as per her conditions of service could not be construed as synonymous with removal from office.

“She had been fairly remunerated until her impeachment, less than a month before the end of her term last October.”

Judge Omphemetse Mooki admonished Mkhwebane’s attacks on Gcaleka, whom she accused of being biased and acting with malice and vindictiveness.

Mkhwebane made the accusations after Gcaleka’s refusal to share the legal opinion obtained by the Public Protector’s office on whether to pay Mkhwebane the gratuity.

“She did not substantiate the very serious allegations that she made both in relation to the Office of the Public Protector and the person of Ms Gcaleka as the Public Protector,” said Judge Mooki.

The judge added that Mkhwebane’s comments against the National Assembly regarding her removal were also unwarranted in these proceedings.