Court hears impeachment disqualifies Mkhwebane from R10m gratuity
The High Court in Pretoria has heard that former Public Protector Busisiwe Mkhwebane is not entitled to her gratuity because she did not vacate office but was removed.
This was an argument by the Office of the Public Protector’s legal representative, Advocate Thembeka Ngcukaitobi, on Tuesday.
Mkhwebane filed an urgent court application demanding to be paid her R10 million gratuity, as has become standard for all public protectors.
The Chapter 9 institution declined to pay the money on the basis that it is only payable to those who have vacated the office.
Ngcukaitobi said gratuity is only paid when a public protector vacates office after the term ends, and when the watchdog is forced to leave office due to incapacity, ill health, resignation or death.
"The holder of that office is the primary instrument through which South Africans expect the values of the constitution would be lived,” he told the court.
"And when there is a negation and a disregard of the values of the constitution by the holder of the office, that is meant to be a standard-setter for all of us.
"It is a legitimate thing for the law to say, in those circumstances there would be no gratuity. Otherwise, what you have is a free-for-all.
"What you have is a reward for constitutional delinquency. I'm afraid, is the big elephant in the room. In this case, really what it is about is asking the judge to be party to a reward of constitutional delinquency.”
Mkhwebane was impeached last year after a Section 194 inquiry found her guilty of misconduct and incompetence.
Judgment has been reserved.
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