The Public Protector argues Mkhwebane had no right to the remedy claim as she did not vacate office but was removed
The Office of the Public Protector argues Mkhwebane had no right to the gratuity as she was removed from office.Busisiwe Mkhwebane’s legal team has argued that the Office of the Public Protector is legally obliged to pay her a R10 million gratuity in line with the basic conditions of the Employment Act.
While previous public protectors received an end-of-service gratuity on leaving office, in line with the conditions of service passed by the National Assembly in 2002, the decision to withhold Mkhwebane’s gratuity was informed by a legal opinion stating she was not entitled to the R10 million due to her removal from office.
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