Former public protector Mkhwebane confident she will get multimillion-rand gratuity after removal

As the debate continues whether former public protector advocate, Busisiwe Mkhwebane, will receive a one-off gratuity of about R10m after she was fired, she is confident she will get the money. 

Mkhwebane was officially fired by President Cyril Ramaphosa on Wednesday morning, two days after parliament voted in support of the section 194 inquiry report that recommended her removal based on its findings of misconduct and incompetence.

Mkhwebane said her removal did not mean she would lose the one-off gratuity given to public protectors at the end of the seven-year term.

“I was appointed for seven years in a non-renewable contract and the gratuity is very clear, that the public protector will receive this money,” Mkhwebane said in interview with Newzroom Afrika. 

Mkhwebane said the letter from Ramaphosa informing her of her removal did not state anything about her losing her benefits.

The constitution states that the public protector may be removed from office on grounds of misconduct, incapacity or incompetence. It, however, does not stipulate what happens to the gratuity if the individual is removed.

Ramaphosa in his public notice of firing Mkhwebane did not speak about the funds. The section 194 inquiry also did not deal with the matter of gratuity when it recommended her removal. 

Many legal experts in the past week have debated whether Mkhwebane will get the funds, despite her impeachment. Mkhwebane is the first public protector to be impeached and her removal stands as a case study for the legal fraternity.

Sunday Times reported that the public protector’s office said in terms of Mkhwebane's conditions of service, she would receive a gratuity “on vacation of office”.

It is also unclear how much Mkhwebane would receive but it is believed it would be about R9.55m.