Public Protector’s office wants Mkhwebane to pay back R2.1 million for ‘unauthorised’ accommodation

The Office of the Public Protector is looking to recover funds irregularly paid for the benefit of the former head of the institution, Busisiwe Mkhwebane – including the millions spent on her accommodation.

Officials from the Chapter 9 institution briefed Parliament’s Portfolio Committee on Justice and Correctional Services on its 2022/2023 annual report on Friday.

Accommodation costs

It was revealed during the meeting that the Public Protector’s office was collating invoices on Mkhwebane’s rental and legal fees to determine how much she would need to pay back.

The office, according to its CEO Thandi Sibanyoni, accrued R2.1 million in fruitless and wasteful expenditure as a result of the payments made on Mkhwebane’s accommodation.

ALSO READ: Mkhwebane not being evicted from state home but must pay for it herself – Public Protector’s office

The former Public Protector lived in the Bryntirion ministerial estate in Pretoria from February 2017 after claiming there were threats to her life until she was asked move out last year.

The house she lived in reportedly cost R55 000 per month, which escalated to more than R60 000 in 2020.

She later, in 2021, moved into a flat in the ministerial estate. The flat cost the Public Protector’s office R11 000 a month in rent.

‘No authorisation’

On Friday, members of the Portfolio Committee learnt Mkhwebane was informed that the office could not foot her accommodation bill.

“The former public protector was very well advised on the issue of the home that she was living in hence at some stage she had to move to a less costly place, whilst we were still verifying with Saps [South African Police Service] the circumstances under which she was living at that accommodation which was paid for by the office.

“We then subsequently received the information and Saps having said their was no authorisation from their side in a form of the security report. It is then that the institution requested the public protector to vacate the house, so it was brought to her attention,” Acting Public Protector Kholeka Gcaleka said.

READ MORE: Mkhwebane: ‘I am one of the best ever, unfortunately they’re blinded by hatred’

Gcaleka said the office was also looking at the legal costs that were paid for Mkhwebane court cases, some of which she was ordered to pay in her personal capacity.

“The legal costs regarding the cases the Public Protector’s office was not supposed to have paid for, this issue was also brought to the attention of the public protector hence we discontinued payment of the cases immediately after her suspension. This also involves some of the litigation that took place in the Western Cape [High Court].”

Earlier, Sibayoni told Parliament that a full calculation on the money that needs to be recovered would be made and then the office would then seek clarity from the National Treasury on the matter.

Watch the meeting below:

Gratuity

Meanwhile, Gcaleka could not confirm whether Mkhwebane would receive her R10 million gratuity after she was impeached by the National Assembly last month.

She explained that her office was not responsible for the determination of any gratuity that Mkhwebane might be entitled to.

“At no stage has the Public Protector’s office even made an attempt to try and say we will consider paying that amount or whether it was payable or not. The determination for the public protector and the deputy public protector is not done by the institution, it is done by processes outside the institution.

“What the institution has done in this respect is really to approach Parliament and the latest report or communication we received from their legal services was that they are in the process of appointing a senior counsel to give them a legal opinion.”

Mkhwebane previously vowed to fight “dark forces” who want to take away her “hard-earned” benefits.

NOW READ: Here’s how much Mkhwebane could lose after being booted from PP office

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