Union federation Cosatu has criticised impeached former public protector Busisiwe Mkhwebane for her court application seeking a multimillion-rand gratuity payout from the public protector's office.
Mkhwebane is appearing in the Pretoria high court on Tuesday, fighting for a R10m gratuity after her impeachment. She was removed from office last year for misconduct and incompetence.
Cosatu spokesperson Zanele Sabela said the gratuity is a token of appreciation for individuals who leave office with a clean record, which the union believes Mkhwebane is not entitled to as she was removed from office.
“Cosatu is dumbfounded by Mkhwebane’s court bid to force her former office to pay her a R10m gratuity though she was removed from office. Cosatu condemns Mkhwebane’s attempts to defraud the state of funds she is not entitled to and urges the courts to dismiss her spurious case with costs. The state cannot afford to indulge this attempt at extortion when critical nursing, teaching and police vacancies exist,” she said.
“For Mkhwebane to seek legal recourse after she unashamedly distorted reports to suit specific outcomes takes a special breed of temerity. She was found by parliament to have been so bad at her job she needed to be relieved of her duties a month before her term expired.”
Mkhwebane was the first head of a Chapter 9 institution to be impeached.
Parliament said her reports were memorable for all the wrong reasons and had to be repeatedly contested and set aside by court reviews for shoddy drafting, dubious legality and, at times, factional antics.
“Parliament found her conduct to be biased and not independent, as expected of someone in her office.”
Mkhwebane’s predecessor Thuli Madonsela was paid R7.6m in gratuity at the end of her non-renewable seven-year term in 2016.
In February, the office of the public protector told Mkhwebane it could not find a law in either the constitution or the Public Protector Act under which it could justify making the payment.
Public protector Kholeka Gcaleka believes the court challenge would help clarify a legal conundrum of whether an impeached head of the institution is entitled to the money.
TimesLIVE
Cosatu accuses Mkhwebane of attempts to defraud the state
'She was found by parliament to have been so bad at her job that she needed to be relieved of her duties a month before her term expired'
Image: Esa Alexander
Union federation Cosatu has criticised impeached former public protector Busisiwe Mkhwebane for her court application seeking a multimillion-rand gratuity payout from the public protector's office.
Mkhwebane is appearing in the Pretoria high court on Tuesday, fighting for a R10m gratuity after her impeachment. She was removed from office last year for misconduct and incompetence.
Cosatu spokesperson Zanele Sabela said the gratuity is a token of appreciation for individuals who leave office with a clean record, which the union believes Mkhwebane is not entitled to as she was removed from office.
“Cosatu is dumbfounded by Mkhwebane’s court bid to force her former office to pay her a R10m gratuity though she was removed from office. Cosatu condemns Mkhwebane’s attempts to defraud the state of funds she is not entitled to and urges the courts to dismiss her spurious case with costs. The state cannot afford to indulge this attempt at extortion when critical nursing, teaching and police vacancies exist,” she said.
“For Mkhwebane to seek legal recourse after she unashamedly distorted reports to suit specific outcomes takes a special breed of temerity. She was found by parliament to have been so bad at her job she needed to be relieved of her duties a month before her term expired.”
Mkhwebane was the first head of a Chapter 9 institution to be impeached.
Parliament said her reports were memorable for all the wrong reasons and had to be repeatedly contested and set aside by court reviews for shoddy drafting, dubious legality and, at times, factional antics.
“Parliament found her conduct to be biased and not independent, as expected of someone in her office.”
Mkhwebane’s predecessor Thuli Madonsela was paid R7.6m in gratuity at the end of her non-renewable seven-year term in 2016.
In February, the office of the public protector told Mkhwebane it could not find a law in either the constitution or the Public Protector Act under which it could justify making the payment.
Public protector Kholeka Gcaleka believes the court challenge would help clarify a legal conundrum of whether an impeached head of the institution is entitled to the money.
TimesLIVE
READ MORE:
WATCH | Mkhwebane's urgent gratuity court application continues
WATCH | Mkhwebane's urgent gratuity court application continues
'I can hardly make ends meet,' says MP and ex-public protector Mkhwebane in plea for gratuity
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