In a blow to former Public Protector Busisiwe Mkhwebane, North Gauteng High Court has on Wednesday rejected her claim for a R10 million gratuity following her removal from office.
Mkhwebane, who was impeached by Parliament for misconduct and incompetence before her term ended in September last year, argued that she was entitled to the payment as per the Conditions of Service governing her appointment.
However, the court ruled that the gratuity is only payable upon vacation of office, not upon removal for wrongdoing.
The judgment highlighted that Mkhwebane’s removal did not constitute vacation of office within the context of the agreement, and dismissed her claims of constitutional breaches.
Furthermore, the court criticised Mkhwebane for making unsubstantiated allegations and personal attacks against respondents, and ordered her to pay legal costs.
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