Court finds in favour of Mkhwebane in gratuity saga, orders PPSA to pay legal costs

Johnathan Paoli

THE North Gauteng High court has ordered the Public Protector Office of South Africa (PPSA) to provide former Public Protector Busisiwe Mkhwebane with the official record of the decision by the Chapter 9 institution not to grant her a R10 million gratuity by tomorrow and also awarding punitive costs in favour of Mkhwebane.

Delivering her ruling on Thursday, Judge Colleen Collis said the case was not ready for hearing in light of the failure of the respondents to file the rule 53 record of documents informing the decision to deny Mkhwebane gratuity.

Mkhwebane filed her notice of motion in early March and expressly called for the filing of the record and any reasons relating to public protector Kholeka Gcaleka’s decision not to pay her gratuity.

“The failure to have furnished the record has the unintended consequence that the application to date is not ripe for hearing,” Collis said.