Busisiwe Mkhwebane, the former public protector, is said to be going to court after her pension fund, along with accrued interest, was forfeited. File Picture: Jeffrey Abrahams / Independent Newspapers
A showdown is looming as the impeached and fired former Public Protector Busisiwe Mkhwebane, is reportedly heading to court following her forfeited pension fund paid to her, including interest.
According to City Press, the Member of Parliament from the Economic Freedom Fighters (EFF) has instructed her legal team to initiate court proceedings against both Parliament and her former office.
Mkhwebane said this was because Parliament failed to respond to her letter of demand.
Mkhwebane was fired in September 2023 by President Cyril Ramaphosa, a month before her seven-year term ended.
This resulted in her losing the R10 million gratuity.
Ramaphosa wrote to Mkhwebane a day after Parliament voted overwhelmingly that she should be removed from office.
“In terms of Section 194(3)(b) of the Constitution, when the National Assembly adopts a resolution for the removal of the public protector, the president 'must' remove the public protector from the office,” wrote Ramaphosa.
In an interview with Newzroom Afrika, Mkhwebane said the parliamentary review report process was under way and her legal team was finalising the necessary documents.
She stated that the process was not "necessarily" linked to her benefits. "Remember that the process is challenging the fact that I never completed my testimony," she said.
Addressing speculation around her forfeiting the laws of gratuity from her office, she said neither Ramaphosa's letter nor the parliamentary report stated anything about pension funds being taken.
"That is violence of my rights; even an employee, a public servant, who is dismissed from public service, you might not receive all your benefits, but you do receive your benefits if your term is terminated before your contract," she said.
She hoped for the process to be fruitful.
kamogelo.moichela@inl.co.za
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