Former Public Protect Busisiwe Mkhwebane
The High Court in Pretoria has mandated the Public Protector to provide Advocate Busisiwe Mkhwebane with the documentation regarding her denied R10 million gratuity. The order, issued by Judge Colleen Collis on Thursday, underscores the ongoing legal battle over the entitlement of Mkhwebane to the gratuity following her departure from office. The documents in question are to be furnished by tomorrow, with the hearing date for the case pending confirmation.
Advocate Busisiwe Mkhwebane, who now serves as an Economic Freedom Fighters member of Parliament (MP) following her impeachment in September 2023, challenges her successor Kholeka Gcaleka’s decision, who posits that Mkhwebane does not meet the criteria for the gratuity under the circumstances of her exit.
Adding to the complexity, the court has also ruled that the Public Protector South Africa (PPSA) is to bear Mkhwebane’s legal fees on an attorney-client scale. This decision aligns with the argument presented by Mkhwebane’s legal counsel, Dali Mpofu, that the PPSA’s rebuttal was pre-emptive. Despite the counter-arguments from PPSA’s representative, Tembeka Ngcukaitobi, concerning procedural improprieties and the lack of foundational grounds for such a cost order, punitive costs have been levied against the PPSA.
Mkhwebane took to social media to express her satisfaction with the outcome, stating, “Adv Gcaleka @PublicProtector, who was represented by Adv Ngcukaitobi SC to oppose the payment of the gratuity, was ordered to pay Adv Mkhwebane punitive costs. Also, the court found that she made factually incorrect allegations under oath which constitutes the criminal offence of perjury, this matter will be acted upon urgently.”
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