Mkhwebane to go to court to get pension and R10m payment – report

Former public protector Busisiwe Mkhwebane is ready to go to court to get her pension and other benefits paid to her.

According to a City Press report, she has instructed her lawyers to begin court proceedings against the Office of the Public Protector and Parliament.

Mkhwebane became the first public protector to be removed from office after MPs voted in favour of the Parliament’s Section 194 Committee report in September. President Cyril Ramaphosa then fired her in October based on National Assembly’s recommendation.

Mkhwebane loses R10m gratuity

This meant she lost the R10 million gratuity she would have pocketed if she had completed her term. She was dismissed a month before her seven-year tenure was due to end.

ALSO READ: Mkhwebane’s fate sealed, becomes first public protector removed from office

Mkhwebane told the publication that she is taking the legal action after the Office of the Public Protector and Parliament failed to respond to her correspondence about the payments.

“It’s very clear that the Public Protector is entitled to a gratuity when vacating office, although it’s not clear how the Public Protector vacates office,” Mkhwebane said.

She also said the CEO of the Public Protector’s Office told her they were waiting for Parliament’s instruction on the payment of the benefits.

Parliament has said it is not responsible for the payments to the former public protector.

Agreement on gratuity payments

Law expert Pierre de Vos also told City Press that Mkhwebane might not be eligible to get her gratuity payments.

He said the payment would depend on the service agreement she would have signed when she took office.

“Legally, it’s as clear as it can be. It provides for a gratuity if she completes the term and for payment of minor benefits even if she’s impeached, but makes it clear that she’s not entitled to a gratuity if she’s removed from office before her term ends,” said De Vos.

ALSO READ: Legal expert weighs in on Mkhwebane ‘payout’ after removal

However, speaking to The Citizen in September, high court attorney Richard Chemaly said the public protector service conditions do not make an accommodation for voiding benefits if the public protector is removed from office.

“One may think that if somebody is removed from office for misconduct, they should not be entitled to benefit from it. However, in the case of the public protector gratuity, it is an entitlement upon ‘vacation of office’,” said Chemaly. 

He said the gratuity would be calculated based on the time the public protector spent in office.