Mkhwebane loses court bid to keep R10m gratuity
Former Public Protector Busisiwe Mkhwebane has lost her court bid to have R10 million gratuity paid to her.
She briefly appeared in the High Court in Pretoria on Wednesday morning.
Mkhwebane, who Parliament impeached in September 2023, filed an urgent court application demanding to be paid her R10 million gratuity.
She argued that the payment had become standard for all public protectors leaving office at the end of their terms.
The Chapter 9 institution declined to pay the money on the basis that it is only payable to those who vacated the office.
The High Court agreed, saying it would be "absurd" for the Public Protector's Office to pay an incumbent who left the office in disgrace.
Delivering judgment, Judge Omphemetse Mooki said that he could not agree with Mkhwebane's argument that she was entitled to the gratuity even if she was removed from office.
"There is much that is regrettable in what the applicant said about the respondents. 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. Galeka as the Public Protector.
"There was no need for the applicant's intemperate comments against the National Assembly regarding events leading to her removal from office. This court is not concerned with her removal from office. I have determined, however, that the court will not order costs on a punitive basis.
"I make the following order: one, the application is dismissed; two, the applicant is ordered to pay costs; three, the costs of council are on scale C in relation to senior council and scale B in relation to junior council."
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