AGE OF ACCOUNTABILITY
Public Protector clams up on decision to withhold R10m payout to Busisiwe Mkhwebane
Busisiwe Mkhwebane hasn’t commented on the Public Protector SA’s decision not to pay out her R10m gratuity, but she’s likely to fight it by all means possible.
In December 2023, newly impeached former Public Protector Busisiwe Mkhwebane threatened legal action against her successor, Kholeka Gcaleka, for withholding her “gratuity”.
Late in the afternoon of Tuesday, 13 February, the Office of the Public Protector issued a general media statement. It was short and sharp.
“Following numerous media enquiries regarding the payment of a gratuity to former Public Protector, Adv Busisiwe Mkhwebane, the Public Protector South Africa (PPSA) confirms it has duly responded to Adv Mkhwebane’s correspondence. No further comment will be made,” said the acting spokesperson for the PPSA, Ndili Msoki.
Read more in Daily Maverick: Busisiwe Mkhwebane to fight her successor for R10m ‘gratuity’
Previously, Mkhwebane said she had sought to resolve the matter “amicably” but that a letter to the PPSA had provoked no response apart from a suggestion that she take her case to Parliament.
Mkhwebane, now an EFF MP, has not responded to the latest media release from the office of the PPSA dashing her hopes of a windfall, but she is almost certainly not going to let the matter rest there.
In January, she told City Press: “It is very clear that the Public Protector is entitled to a gratuity when vacating office, although it is not clear how the Public Protector vacates office.”
Mkhwebane did not finish her term following a vote by Parliament after a lengthy and costly multiparty Section 194 inquiry found her guilty of incompetence and misconduct and recommended her removal.
Read more in Daily Maverick: Long road to impeachment: Mkhwebane is guilty as charged – here’s a breakdown of the damning findings
As previously reported, this is not the first time that a former Public Protector has had to forfeit a portion of their “gratuity”. Thuli Madonsela had a portion of her R4-million payout docked by Mkhwebane back in 2016.
The circumstances, however, were radically different – Madonsela not only completed her term of office, but did so with aplomb, dropping the State Capture report which led to the historic Zondo Commission.
After taking office, Mkhwebane deducted R470,000 from Madonsela’s total gratuity for repairs to an official vehicle paid for by the office. Madonsela’s son had taken her car without her permission and had pranged it.
Madonsela maintained that she had never acted “in contravention of any Public Protector policies, applicable government prescripts and general laws of the land required of me regarding the accident”.
In a way, Mkhwebane opened the way for the withholding of her own gratuity, calculated to be around R10-million.
Throughout, Mkhwebane has remained mum on the R4-million she owes the public purse for the rental paid by the PPSA of a luxury home in the Bryntirion ministerial estate in Pretoria.
Mkwebane spent almost her entire tenure living among those over whom she had oversight. Her rent was paid by the taxpayer.
Read more in Daily Maverick: Busisiwe Mkhwebane’s rent-free days in lush ministerial estate are over
Constitutional expert Prof Pierre de Vos had previously opined that Mkhwebane was not entitled to her gratuity.
“This isn’t a constitutional matter, but something to be determined by the conditions of service agreement concluded when she took office.”
From a legal perspective, De Vos said, it was “clear as can be” that the law provided for a gratuity only on completion of a term, and for payment of minor benefits (even if impeached). It’s clear that Mkhwebane is not entitled to a gratuity if removed from office through impeachment. DM
i would have paid her fifty million tax free half a decade ago to simply go away. bargain on any measure
Perhaps she must ask her new boss if she qualifies for one of the grants promised by the EFF manifesto. Perhaps incompetence is seen as a disability of some sort.
If incompetence was seen as a disability, we would be far worse off than we currently are …
Heathy prob
R10m!!! A gratuity??? What on earth for???
And the gravy train rolls on!!!
Pay back the money Mkwebane…… Pay back the money!!!!!!!!!
Embarrassingly shocking that a Government top ranking employee has acted in such a way.
No shame and particularly that we Tax payers have to forfeit our money to pay for her dismeanours!!!
The farcicle situation around Mkhwebane, is just anothe example of how far down the riad to being a banana republic this nation has come.
x
Oh the irony. And the lesson applies to SA too. There is another certainty that goes with death and taxes, and that is the fact that you will always have to live with the consequences of your choices and behaviours. In the words of another evil old minister, it leaves me cold.
Give Adv Busi Mkhwebane what is due to her, you’ve already done enough damage to the poor woman💔