Lindsay Dentlinger28 March 2024 | 14:21

Public Protector's office confident in decision not to pay Mkhwebane end-of-service gratuity

On Thursday, the Public Protector's office confirmed it's now filed its response to a court case in which Mkhwebane is demanding an estimated R10 million.

Public Protector's office confident in decision not to pay Mkhwebane end-of-service gratuity

Public Protector Kholeka Gcaleka (left) during a briefing on 28 March 2024. Picture: Lindsay Dentlinger/Eyewitness News

CAPE TOWN - The Public Protector's office says it's confident in its position not to pay the former head of the institution, Busisiwe Mkhwebane, an end-of-service gratuity. 
 
Mkhwebane was impeached by Parliament last year, a month before her seven-year term would have naturally ended. 
 
On Thursday, the Public Protector's office confirmed it's now filed its response to a court case in which Mkhwebane is demanding an estimated R10 million. 
 
Mkhwebane has told the high court that she's struggling to make ends meet on her parliamentarian's salary, where she now represents the Economic Freedom Fighters (EFF). 
 
All Mkhwebane's predecessors were paid an end-of-service gratuity as provided for in the Public Protector's conditions of service, adopted by Parliament. 
 
But on Thursday, the CEO in the Public Protector's office, Thandi Sibanyoni, said after taking legal advice it couldn't justify making the payment to Mkhwebane. 
 
"We couldn't find any authority in law that requires us to pay the gratuity because there is a difference between vacating the office, and being removed from the office." 
 
Sibanyoni said she believed the office had taken the correct decision and would defend it in court. 
 
Public Protector Kholeka Gcaleka said that because the matter was now the subject of litigation, no further comment would be made.