Court rejects Busisiwe Mkhwebane's 'absurd' R10m gratuity demand

Impeached former public protector Busisiwe Mkhwebane on Wednesday lost her bid to force her former employer to pay her a gratuity despite her dismissal. 

The Pretoria high court ordered her to pay the costs of the failed proceedings. 

Mkhwebane applied to the court, insisting she was entitled to an estimated R10m gratuity payment according to the conditions of service in the protector's office.

Public protector Kholeka Gcaleka argued Mkhwebane was not entitled to the money because she was impeached. She was removed from office last year for misconduct and incompetence after a section 194 parliamentary inquiry.

Mkhwebane contended the refusal to pay her a gratuity breached several provisions of the constitution and there is no law of general application justifying the breach.

The court ruled the nature of the gratuity leads to the conclusion that “on vacation of office” and “removal from office” in the context of the conditions of service are not synonymous. 

“Gratuity is to be understood as the concept is generally used in an employment context. I agreed with the respondents that a 'gratuity' is a 'token of appreciation' as expressed by an employer towards an employee,” the court ruled. 

“It would be absurd for an employer to be expected to pay a gratuity, being a token of appreciation, to an employee who left office in disgrace.”

TimesLIVE