‘Disheartened’ Busisiwe Mkhwebane’s battle for R10 million goes to court (VIDEO)

Former Public Protector Busisiwe Mkhwebane has told The Citizen that she is “disheartened” as her R10-million gratuity matter played out in court on Tuesday.

Mkhwebane filed papers last month over the payment of a gratuity, which she argued was due to her. She turned to the Gauteng High Court in Pretoria to challenge the decision by the office of the Public Protector not to pay her.

Mkhwebane said It was “disheartening to see the same institution persecuting me for my gratuity and go ahead and employ a silk advocate and oppose the master whilst others have said they abide by the court outcome.

Watch current Public Protector Adv. Kholeka Gcaleka’s take on the matter:

Public Protector Adv. Kholeka Gcaleka tells #Newzroom405's @AldrinSampear that her office has no prescript binding it to gratuity payment for her predecessor Adv. Busisiwe Mkhwebane following her impeachment last year.

Watch: https://t.co/NYLBzL24Zy pic.twitter.com/6B7nfPNJZp

— Newzroom Afrika (@Newzroom405) February 21, 2024

Mkhwebane believes the main issue is for the court to interpret the conditions of service of the public protector on vacating office.

Impeached

Mkhwebane alleges she received a letter from the legal representatives of current Public Protector Advocate Kholeka Gcaleka in February indicating that she would not be receiving her gratuity because she was removed from office after being impeached.

She was impeached just two days before her term could end.

The Section 194 Committee adopted the final report that recommended Mkhwebane’s removal to the National Assembly, after she was found guilty of misconduct and incompetence.

Argument

It is understood Mkhwebane will anchor her argument on Section 32 Subsection 3 of the Basic Conditions of Employment Act.

In terms of this section, an employer must pay an employee their remuneration no later than seven days after the completion of the period for which the remuneration is payable. Non-payment within this period, or under-payment of salary, will be in breach of this section.

Mkhwebane is also expected to argue that there are various Constitutional breaches on the part of Gcaleka and that her rights to dignity and self-worth was violated as a result.

The application lodged on 1 March 2024 seeks for urgent relief to:
1. Declare unconstitutionality and invalidity of certain conditions and seek just and equitable remedy for the payment of relevant gratuity.
2. Alternatively, seek an order to declare certain Public Protector… pic.twitter.com/RVreu8LITt

— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) March 4, 2024

ALSO READ: Mkhwebane takes Public Protector to court over R10m gratuity

Malicious conduct

In her application, Mkhwebane highlighs the “extended delay in receiving a response from the office of the public protector and Gcaleka and the history of malicious conduct dating back to May/June 2022 as additional grounds for the punitive order being sought”.

Mkhwebane’s application also emphasizes that “public administration must be governed by a high standard of professional ethics, fairness, and absence of bias, as prescribed by Section 195”.

Mkhwebane is seeking relief in various forms including that the court orders the respondents to ensure that the gratuity is paid no later than 30 days after the date of the order.

ALSO READ: Mkhwebane’s relationship with candidates creates apprehension of bias – advisor