Former public protector Busisiwe Mkhwebane is reportedly taking legal action to secure her pension and other benefits after being removed from office. According to a City Press report, Mkhwebane has instructed her lawyers to initiate court proceedings against the Office of the Public Protector and Parliament.
In September, Mkhwebane became the first public protector to be removed from office when members of parliament voted in favor of the Parliament’s Section 194 Committee report.
Following this, President Cyril Ramaphosa dismissed her in October based on the National Assembly’s recommendation. As a result, Mkhwebane lost the R10 million gratuity she would have received had she completed her term. Her dismissal occurred one month before her seven-year tenure was set to end.
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Mkhwebane stated that she is pursuing legal action as both the Office of the Public Protector and Parliament have failed to respond to her correspondence regarding the payment of her benefits.
She asserted that the public protector is entitled to a gratuity upon leaving office, although the process by which the public protector vacates office remains unclear.
Mkhwebane further revealed that the CEO of the Public Protector’s Office informed her that they were awaiting Parliament’s instruction on the payment of her benefits. However, Parliament has stated that it is not responsible for making these payments to the former public protector.
Law expert Pierre de Vos, speaking to City Press, highlighted that Mkhwebane’s eligibility for gratuity payments would depend on the service agreement she signed when assuming office.
He explained that the agreement stipulates a gratuity if she completes her term, as well as minor benefits even if she is impeached. However, it also specifies that she is not entitled to a gratuity if she is removed from office before her term ends.
The legal dispute surrounding Mkhwebane’s pension and payment raises questions about the interpretation of the service agreement and the process of vacating the position of public protector.
While Busisiwe Mkhwebane believes she is entitled to these benefits, legal experts have pointed out the potential limitations based on the specific conditions outlined in the agreement.
As the case unfolds, it will be crucial to consider the legal provisions and contractual obligations to determine the rightful outcome. The resolution of this matter will not only impact Mkhwebane personally but also set a precedent for future public protectors and their entitlements upon leaving office.
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