Mkhwebane’s gratuity case against Public Protector’s Office continues

Proceedings in the urgent application brought by former Public Protector Busisiwe Mkhwebane against the office of the Public Protector, now headed by Advocate Kholeka Gcaleka will continue today in the High Court in Pretoria.

Mkhwebane is seeking the payment of a multi-million rand gratuity following her impeachment in September last year. Her legal representative Advocate Dali Mpofu argued yesterday that withholding the gratuity amounts to a “double penalty.”

Mpofu stated, “In fact, in this case, it doesn’t just impose a penalty; it imposes a double penalty, which the Americans call double jeopardy. It’s because for the same conduct you’ve already been punished by being impeached, so they are saying now you must be punished again by being deprived of your gratuity. So it’s worse than a double penal clause.”

Mpofu contended that Mkhwebane’s removal from public office should not disqualify her from receiving the gratuity typically awarded at the end of service.

“Somebody, it got home to them that a removal that this is nonsensical in what is said because there might be a removal based on an incapacity and no one in their right mind is going to argue that a removal based on incapacity disqualifies you from the gratuity. And b from having your furniture transported,”  Mpofu defended.

The court will continue to hear arguments on this matter today.

Busisiwe Mkhwebane’s urgent application

We are live from the Pretoria High Court where former PP Busisiwe Mkhwebane’s urgent application against the Public Protector’s office headed by Adv Kholeka Gcaleka will be heard. The application is in regard to the payment of her multi-million rand gratuity. #sabcnews @sabcnews pic.twitter.com/DmMXiUY6dd

— Sibahle Motha 🇿🇦 (@SibahleMo) August 19, 2024