Mkhwebane heads to court over R10-mil gratuity payment

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Former Public Protector Busisiwe Mkhwebane 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 R10-million gratuity.

Mkhwebane alleges that she received a letter from the legal representatives of the office and-or Public Protector Advocate Kholeka Gcaleka in February indicating that she would not be receiving her gratuity because she was removed from office following the Section 194 inquiry and did not leave out of her own volition.

It’s expected that the impeached Public Protector will anchor her argument on Section 32 Subsection 3 of the Basic Conditions of Employment Act.

The Section prescribes that an employer must pay remuneration not later than seven days after the termination of the contract of employment. Mkhwebane adds that her rights to fair labour practices have been infringed.

It is also Mkhwebane’s argument that there are various Constitutional breaches on the part of the office and the incumbent, Advocate Kholeka Gcaleka and that her rights to dignity and self-worth have been violated as a result.

She seeks relief in various forms including that the court order the respondents to ensure that the gratuity is paid no later than 30 days after the date of the order.