Axed Public Protector (PP) Busisiwe Mkhwebane has written to the PP’s office seeking a multimillion-rand payout, on the basis that her term was supposed to end this month.

This comes as it emerged last week that the office and Parliament are in a conundrum over whether she should be paid her gratuity in terms of her conditions of service.

Parliament said it was taking legal advice on whether the gratuity was still due to her, in light of her recent impeachment.

Mkhwebane told the Sunday Times she saw no reason why she should not be paid the sum, said to be about R10m.

‘I don’t expect any issues or obstacles to be raised to block the payment of my gratuity,’ she said on Friday.

Mkhwebane said the applicable laws made it clear the gratuity was due and payable, according to an agreed formula adopted by Parliament in 2002.

‘I therefore expect the gratuity to be paid out as soon as the necessary administrative procedures have been finalised.’

The Sunday Times has established that whether Mkhwebane should be paid her end-of-service gratuity is becoming a legal headache for the legislature and the PPSA, as the law is not clear about whether she qualifies for it, given she was impeached.

Parliamentary spokesperson Moloto Mothapo said that, while the PPSA is responsible for implementing the resolution on Mkhwebane’s gratuity, the office had pointed to an ambiguity it was now seeking clarity on.

‘We are considering whether we should consult with a senior counsel to advise (us on) whether the resolution envisages that a gratuity is payable in the case of termination, as ‘vacation’ of office and ‘termination’ of office are terms that are used but not defined,’ said Mothapo.

Full Sunday Times report