The former Public Protector, Advocate Busisiwe Mkhwebane’s matter will be heard in the High Court in Pretoria today.
She is seeking the court’s urgent intervention in the Office of the Public Protector’s decision not to pay her the R10 Million gratuity due to her impeachment.
Mkhwebane was removed from the Chapter Nine institution following the Section 194 inquiry into her fitness to hold office.
She is also 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.
It is 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.
