Former Public Protector Busisiwe Mkhwebane is taking her successor Kholeka Gcaleka to the High Court to seek her R10 million gratuity following her impeachment.
Mkhwebane said there was no basis for the Office of the Public Protector to refuse her the gratuity as she was entitled to it.
She said she deserved to be treated fairly and equally.
Mkhwebane said the Constitution was clear what happens when the president is impeached, but it was silent when it comes to heads of Chapter 9 institutions.
“It is noteworthy to mention that while the Constitution outlines the forfeiture of benefits for the impeachment or removal of the president from office under specific circumstances, it is silent on any forfeiture of benefits in the removal of judges or heads of Chapter 9 institutions.
“A legal challenge will be imminently filed in the High Court to address the interpretation of the employment conditions of service, relevant legislation, and the Constitution by the public protector,” said Mkhwebane.
Mkhwebane was removed from office shortly before her term ended in October last year.
This was after a parliamentary inquiry into her fitness to hold office.
The National Assembly endorsed the report from the ad hoc committee to remove Mkhwebane from office.
The former public protector was now representing the Economic Freedom Fighters in the justice and correctional services committee.
siyabonga.mkhwanazi@inl.co.za
IOL Politics