2 hours ago
31
How can a person who has been disgracefully dismissed from high office by way of impeachment still expect to be paid out a gratuity that is meant to be an acknowledgment of "a job well done"?
Disgraced former public protector Busi Mkhwebane has mounted a legal challenge against her not getting a gratuity to the tune of R10m of taxpayers' money for doing what can only be considered shoddy work during her tenure. This is a far cry from her predecessor Thuli Madonsela's sterling record. Madonsela reinvigorated what was once a little-known institution into a formidable sword and shield in defence of the well-being of the people.
As for Mkhwebane, she went from an embarrassing case to another embarrassing case in which her legal knowledge and understanding of the law and, alarmingly, the constitution, were found to be lacking. A Section 194 inquiry found that she was guilty of misconduct and incompetence. She was found to have acted against her mandate of being a "vanguard of SA's constitutional democracy".
Misconduct and incompetency cannot be rewarded. According to Tembeka Ngcukaitobi, SC, Mkhwebane received an extraordinary financial benefit from the office of the public protector through the payment of her legal fees amounting to more than R10m. So, to put things into perspective, she should actually be paying back the money that she unduly spent defending the indefensible.
Bushy Green, Kagiso
