Mkhwebane criticises Judiciary after suffering another legal blow

Former public protector Busisiwe Mkhwebane says that the legal setback in the dismissal of her urgent application to compel the Office of the Public Protector to pay her a one-off R10 million gratuity adds “another chapter to her ongoing saga”.

Mkhwebane suffered another legal blow on Wednesday when the North Gauteng High Court in Pretoria dismissed her claim that she was entitled to the R10 million gratuity following her impeachment, calling it “absurd”.

“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,” said Judge Omphemetse Mooki.

Frustration

While Mkhwebane requested the court to issue a costs order against the Office of the Public Protector and Parliament, Judge Mooki ordered her to pay the costs instead.

“The application is dismissed. The applicant is ordered to pay costs.”

The latest blow comes a week after the Supreme Court of Appeal (SCA) struck off the roll, with costs, her appeal against the Western Cape Division of the High Court’s dismissal of an application to remove the chair of her impeachment inquiry.

ALSO READ: Court denies Busisiwe Mkhwebane’s R10 million payout demand

Mkhwebane, in a post of X [formally Twitter], expressed her frustration over losing another legal battle.

“Judge Omphemetse Mooki’s decision to dismiss my urgent application on 9 October for R10 million gratuity, following removal from office on 11 September 2022, adds another chapter to this ongoing saga,” said Mkhwebane.

“Persecution”

She criticised the Judiciary, saying such “relentless pursuit of costs orders paints a picture of choreographed persecution and raises questions about its “integrity and impartiality.”

Mkhwebane said the case reflects a “persistent pattern of legal proceedings that have seemingly been weaponized to financially burden and corner her” as the former public protector of South Africa.

“These actions resonate eerily with Steve Biko’s sentiments about pushing the boundaries within an unsympathetic system to expose its flaws and limitations. The persistent use of the courts, not just as instruments of justice, but seemingly as tools of attrition against me, underlines a broader critical view of how such institutions may be leveraged against individuals.

“The repeated legal and financial pressures directed at me seem to echo a narrative where the system is put to test, revealing underlying inequities and systemic manipulation,” Mkhwebane said.

Mkhwebane said the recent ruling by Judge Visvanathan Ponnan in the SCA has “struck a disheartening chord with many who observe the legal landscapes and the intricate dance between law and justice.”

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