Paying Mkhwebane R10m gratuity would mean rewarding 'constitutional delinquency', court told

JOHANNESBURG - The Office of the Public Protector says paying its impeached principal, Busisiwe Mkhwebane, a multi-million rand end-of-service gratuity would mean rewarding constitutional delinquency.

Mkhwebane’s challenge to her erstwhile office’s refusal to pay up on the basis that she was impeached for misconduct and incompetence, is back before the High Court in Pretoria on Tuesday.

READ: The PP’s office rubbishes comparisons of Mkhwebane to freedom fighter Robert Sobukwe

In his arguments on behalf of the Public Protector’s office, Advocate Tembeka Ngcukaitobi, has described the decision as “completely compatible with the scheme of the Constitution”.

"When there is a negation and a disregard of the values of the Constitution by the holder of the office that is meant to be a standard setter for all of us, it is a legitimate thing for the law to say: 'In those circumstances there will be no gratuity'."

He says otherwise, it opens the gates for a “free-for-all”.

"What you have is a reward for constitutional delinquency. And this, I’m afraid my lord, is the big elephant in the room that this case, really what it is about is asking the judge to be party to a reward for constitutional delinquency."