Johnathan Paoli
THE North Gauteng High Court has reserved judgement in the R10 million gratuity case of former Public Protector (PP) Busisiwe Mkhwebane.
Judge Omphemetse Mooki announced the decision on Tuesday and said he would deliver the ruling as soon as possible.
Mkhwebane had gone to court to challenge the decision by the office of the Public Protector of South Africa (PPSA) not to pay out her R10 million gratuity, following her impeachment by the National Assembly for misconduct and incompetence during her tenure.
Legal representation for the PPSA, Advocate Tembeka Ngcukaitobi argued that Mkhwebane’s impeachment in terms of section 194 of the Constitution, was the first time a President had removed the head of a chapter 9 institution.
Ngcukaitobi said in light of her removal, she was not entitled to the gratuity and that granting it to her would bring the institution into disrepute and set a bad precedent.
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