Public Protector's office says it's been vindicated by court ruling on Mkhwebane gratuity

CAPE TOWN - The Public Protector’s office says it has been vindicated by a High Court ruling that a decision not to pay Busisiwe Mkhwebane a gratuity was not bias or malice. 

The court on Wednesday dismissed the former Public Protector's application to be paid R10 million as an end-of-service gratuity, saying it was not applicable to someone who had been removed in disgrace. 

In her application, Mkhwebane attacked both her former employer and her successor, Kholeka Gcaleka, whom she accused of being vindictive in her decision-making.

Mkhwebane was impeached as the Public Protector by Parliament in September last year, becoming an Economic Freedom Fighters (EFF) MP a month later. 

In her court application, she insisted that her conditions of service made her eligible for a gratuity on vacating office, irrespective of the circumstances. 

Judge Omphemetse Mooki disagreed saying that he accepted the view of the Public Protector's office that it was a token of appreciation. 

The Chapter 9 institution, meanwhile, has welcomed the judgment, saying it provided clarity that an incumbent who was removed from office for misconduct and incompetence was not eligible for the gratuity. 

Mkhwebane is the only Public Protector not to be awarded the gratuity. 

The Public Protector's office said it always maintained the principles and values of good governance and safeguarding public funds in the public interest. 

Public Protector Kholeka Gcaleka will be before Parliament's justice committee on Thursday to discuss the annual report and the funding needs of the office for 2025.