The matter of Busisiwe Mkhwebane versus the Office of the Public Protector and others has been stood down until Thursday.
This is to allow the parties to find each other in relation to the matter they wish the court to adjudicate upon.
Mkhwebane turned to the Gauteng High Court in Pretoria in an urgent bid over non-payment of her R10 million gratuity.
She was impeached in a Section 194 inquiry last year just a month before she was due to complete her tenure in the Chapter Nine institution.
Mkhwebane is asking the court to declare the conduct of the Office of the Public Protector and its head, Advocate Kholeka Gcaleka, as unconstitutional and invalid in its refusal to pay the gratuity.
Judge Colleen Collis, who handed down her judgment, elaborates: “We are standing the matter down until Thursday, that’s the 18th of April 2024 10:00 – that’s for hearing. The parties recording that they had undertaken to address a letter to the court by tomorrow midday and that’s to delineate the issues that the court will be called upon to determine on Thursday.”
It’s expected that the impeached Mkhwebane 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.
In her bid, Mkhwebane adds that her rights to fair labour practices have been infringed.
Intention to recoup money
Meanwhile, in a report from October last year, Gcaleka said work was underway to recoup money from the axed Public Protector.
Gcaleka added it’s up to Parliament to determine whether Mkhwebane should be paid the R10-million gratuity benefit following her removal from office.
