Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Impeached former public protector Busisiwe Mkhwebane. File image Image: Brenton Geach
Impeached former public protector Busisiwe Mkhwebane on Wednesday lost her bid to force the payment of a gratuity by her erstwhile employer despite her dismissal.
The Pretoria high court ordered her to pay the costs of the failed proceedings.
Mkhwebane had applied to the court, insisting she was entitled to an about R10m gratuity payment according to the conditions of service in the protector’s office.
Public protector Kholeka Gcaleka argued Mkhwebane’s impeachment meant she was not entitled to the money. She was removed from office last year for misconduct and incompetence after a section 194 parliamentary inquiry.
Mkhwebane contended the refusal to pay her a gratuity breached several provisions of the constitution and that there is no law of general application justifying the breach.
The court ruled the nature of the gratuity leads to the conclusion that “on vacation of office” and “removal from office” in the context of the conditions of service are not synonymous.
“Gratuity is to be understood as the concept is generally used in an employment context. I agreed with the respondents that a 'gratuity' is a 'token of appreciation' as expressed by an employer towards an employee,” the court ruled.
“It would be absurd for an employer to be expected to pay a gratuity, being a token of appreciation, to an employee who left office in disgrace.”
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Court rejects Busisiwe Mkhwebane’s ‘absurd’ R10m gratuity demand
Former public protector ordered to pay costs
Image: Brenton Geach
Impeached former public protector Busisiwe Mkhwebane on Wednesday lost her bid to force the payment of a gratuity by her erstwhile employer despite her dismissal.
The Pretoria high court ordered her to pay the costs of the failed proceedings.
Mkhwebane had applied to the court, insisting she was entitled to an about R10m gratuity payment according to the conditions of service in the protector’s office.
Public protector Kholeka Gcaleka argued Mkhwebane’s impeachment meant she was not entitled to the money. She was removed from office last year for misconduct and incompetence after a section 194 parliamentary inquiry.
Mkhwebane contended the refusal to pay her a gratuity breached several provisions of the constitution and that there is no law of general application justifying the breach.
The court ruled the nature of the gratuity leads to the conclusion that “on vacation of office” and “removal from office” in the context of the conditions of service are not synonymous.
“Gratuity is to be understood as the concept is generally used in an employment context. I agreed with the respondents that a 'gratuity' is a 'token of appreciation' as expressed by an employer towards an employee,” the court ruled.
“It would be absurd for an employer to be expected to pay a gratuity, being a token of appreciation, to an employee who left office in disgrace.”
TimesLIVE
EDITORIAL: Time to raise the ethics bar
Calls mount for parliament to probe Busisiwe Mkhwebane’s ‘racial slurs’
Removal disqualifies Mkhwebane from gratuity payment, court hears
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most Read
Published by Arena Holdings and distributed with the Financial Mail on the last Thursday of every month except December and January.