Another delay in Mkhwebane gratuity payment case
Former public protector Busisiwe Mkhwebane's application for her R10 million gratuity has been rolled over to an undetermined date.
The matter was removed from the urgent court roll on Thursday for enrolment on an alternative date.
Mkhwebane approached the High Court in Pretoria to force the Office of the Public Protector to pay her gratuity.
The payment was held back after she was impeached in September last year, a few weeks before the end of her seven-year term as head of the Chapter 9 body.
She is also asking the court to declare the conduct of the Office of the Public Protector and its head, Advocate Kholeka Gcaleka, as unconstitutional and invalid.
Mkhwebane's legal counsel, Advocate Dali Mpofu, argued that the decision not to pay her gratuity was unlawful and that Mkhwebane is entitled to costs if the matter is considered not urgent.
In the papers filed in court, Mkhwebane alleges that her successor, Kholeka Gcaleka, is refusing to pay what is due to her.
On Thursday, Judge Colleen Collis said the delay was caused by the Office of the Public Protector's failure to submit responsive documents.
The office is required to submit documents that informed the decision not to pay Mkhwebane her gratuity.
The office has been given until Friday to comply.
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