Ex-Public Protector Mkhwebane’s R10 Million Gratuity Claim Dismissed by High Court

The North Gauteng High Court recently dismissed former Public Protector Busisiwe Mkhwebane’s claim for a R10 million gratuity following her removal from office.

Mkhwebane argued that her service contract entitled her to this payout, but the court had a different interpretation.

Her departure from office was due to a resolution by the National Assembly citing misconduct and incompetence, rather than a voluntary or amicable leave.

Judge Omphemetse Mooki described her claim as “absurd,” emphasizing that gratuities are akin to thank you gestures, not guaranteed payouts when dismissed for cause.

Mkhwebane’s legal team included prominent figures, such as her successor Kholeka Gcaleka, who opposed the claim.

The court treated the issue as a straightforward matter of contractual interpretation, dismissing any notion of a constitutional crisis. The judgment reinforced that Mkhwebane was not entitled to the gratuity since the contractual conditions were not met.

Mkhwebane’s term was set to end a month after her actual removal, which occurred on September 11, 2023, following an impeachment.

Her lawsuit failed to demonstrate any specific constitutional violations, leading to another legal defeat after a prior unfavorable decision by the Supreme Court of Appeal.

This ruling highlights the importance of understanding contractual terms, particularly in situations where one’s departure from a position is not marked by applause or appreciation.