The Public Protector’s Office has confirmed receipt of former PP Busisiwe Mkhwebane’s letter of demand for payment of her gratuity and pension.
On Sunday, Mkhwebane confirmed having sent the letter of demand to the current PP Kholeka Gcaleka in December last year.
Mkhwebane who spoke to Newzroom Afrika this week, said she had not received a response to her letter demanding that she be paid her gratuity and pension amounting to over R10 million.
Media reports have indicated that Mkhwebane, who was impeached by parliament and fired by President Cyril Ramaphosa just days before her term of office was due to end, did not qualify for the gratuity payment.
Spokesperson for the PP’s office, Msoki Ndili, said :“The PPSA confirms receipt of the letter of demand, however, the Public Protector’s conditions of service were determined in terms of sections 2 (2) and 3(8) of the Public Protector Act 24 of 1994, by the National Assembly. The Public Protector South Africa (PPSA) is not the custodian thereof.”
According to Ndili, the responsibilities are determined by the Public Finance Management Act.
“The PPSA’s responsibilities are determined by the Public Service Management Act, to ensure that any expenditure defrayed from its budget, is properly authorised. The PPSA is in the process of executing that responsibility,” Ndili said.
Mkhwebane said her former office had been arrogant in handling the matter.
“The most arrogant thing is that the Public Protector’s Office has never responded to that letter of demand. They were supposed to have responded by December 13, 2023, but they never responded. So, in civil litigation then we still have an opportunity to go back to them because it is part of negotiation.
“But if they still maintain that position, it means that the other issue is to approach the courts or issue summons against them, even it means that in their personal capacity. There is nowhere it provides that one will be losing benefits because the issue of the conditions of service of the public protector are very clear that on vacating the office, it does not matter how you vacate the office, you are entitled to the benefits,” Mkhwebane told Newzroom Afrika on Sunday.