In a prolonged court session held on Monday, the North Gauteng High Court was engulfed in heated arguments concerning the R10 million gratuity claimed by former Public Protector, Busisiwe Mkhwebane.
The court case, presided over by Judge Omphemetse Mooki, has drawn substantial attention, notably with the appearance of Mzwanele Manyi, spokesperson for the Jacob Zuma Foundation and newly appointed Umkhonto weSizwe (MK) party member of parliament, who was there to support Mkhwebane.
Advocate Dali Mpofu presented a vigorous case on behalf of Mkhwebane, asserting that the decision by the Public Protector of South Africa (PPSA) to withhold her gratuity was ‘arbitrary, cruel, and degrading.’
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He emphasized that such a decision targeted Mkhwebane maliciously and stripped her of fair entitlements. Through his arguments, Mpofu fervently underscored that refusing to pay the gratuity constituted a double punishment, an act that ‘offends against the value of Ubuntu.’
During the court session, the Public Protector’s advocate, Tembeka Ngcukaitobi, countered Mpofu’s argument by noting that Mkhwebane is the first Public Protector to have been subjected to Section 194 proceedings.
Judge Mooki noted that Mkhwebane did not complete her term, distinguishing her case from her predecessors, who were paid their gratuity. Ngcukaitobi argued that certain specific findings were made against Mkhwebane that justified the PPSA’s decision.
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