Former Public Protector Busisiwe Mkhwebane wants her R10-million gratuity and will on Tuesday turn to the Gauteng High Court in Pretoria to challenge the decision by the office of the Public Protector not to pay her.
Mkhwebane filed papers last month over the payment of a gratuity, which she argued was due to her.
Impeached
Mkhwebane alleges she received a letter from the legal representatives of current Public Protector Advocate Kholeka Gcaleka in February indicating that she would not be receiving her gratuity because she was removed from office after being impeached.
She was impeached just two days before her term could end.
The Section 194 Committee adopted the final report that recommended Mkhwebane’s removal to the National Assembly, after she was found guilty of misconduct and incompetence.
Argument
It is understood Mkhwebane will anchor her argument on Section 32 Subsection 3 of the Basic Conditions of Employment Act.
In terms of this section, an employer must pay an employee their remuneration no later than seven days after the completion of the period for which the remuneration is payable. Non-payment within this period, or under-payment of salary, will be in breach of this section.
Mkhwebane is also expected to argue that there are various Constitutional breaches on the part of Gcaleka and that her rights to dignity and self-worth was violated as a result.
The application lodged on 1 March 2024 seeks for urgent relief to:
1. Declare unconstitutionality and invalidity of certain conditions and seek just and equitable remedy for the payment of relevant gratuity.
2. Alternatively, seek an order to declare certain Public Protector… pic.twitter.com/RVreu8LITt— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) March 4, 2024
Malicious conduct
In her application, Mkhwebane highlights the “extended delay in receiving a response from the office of the public protector and Gcaleka and the history of malicious conduct dating back to May/June 2022 as additional grounds for the punitive order being sought”.
Mkhwebane’s application also emphasizes that “public administration must be governed by a high standard of professional ethics, fairness, and absence of bias, as prescribed by Section 195”.
Mkhwebane is seeking relief in various forms including that the court orders the respondents to ensure that the gratuity is paid no later than 30 days after the date of the order.
In other news – Anele Tembe attempted suicide before her death
Months before Anele Tembe allegedly fell to her death after a heated argument with her boyfriend, AKA, real name Kiernan Forbes, she tried to take her own life in a failed suicide bid off another high-rise building, Durban’s Hilton Hotel.
The young woman, a qualified chef, was talked off the ledge by police and her cousin, claimed TimesLive. According to AKA, Anele suffered from depression and was suicidal, a claim her father, Moses Tembe, has vehemently refuted. Read More
#Busisiwe #Mkhwebanes #battle #R10 #million #court
