The Congress of South African Trade Unions (COSATU) welcomes the decision of the Gauteng High Court in Pretoria to dismiss former Public Protector Busisiwe Mkhwebane’s bid to force her ex-employer to pay her a R10 million gratuity.

Advocate Mkhwebane became the first head of a Chapter 9 institution to be impeached, when the National Assembly voted overwhelmingly in support of her removal for incompetence and misconduct in September 2023.

Despite this, the advocate insisted on her right to be paid the end-of-term gratuity that her predecessors have received since 2005. Handing down the ruling on Wednesday, Judge Omphemetse Mooki, dismissed the case with costs, saying it would be absurd for an employer to be expected to pay a gratuity, a token of appreciation, to an employee who had left office in disgrace.

COSATU previously condemned Mkhwebane’s pursuit of this case, calling it an attempt to defraud the state of funds she was not entitled to. The Federation is pleased to note that the court has heeded our call, dismissing the case with costs.

For COSATU, Mkhwebane’s court bid was characteristic of the entitlement displayed by some during the decade of state capture, who felt it was their right to use public funds for their personal gratification. It is peculiar to witness Advocate Mkhwebane, continue to behaviour as if we are still in the era of state capture, even as she is now a Member of Parliament.

Workers have had enough and reject the notion that they should be made to pay for the wastage that ensued during state capture. They said as much on Monday when they took to the streets to demand the speedy prosecution and jailing of those implicated in corruption. The looting of state coffers and the resultant bleeding state points to monies that should have been used to fill critical vacancies, pay workers a living wage and fund essential public services were diverted to fill the pockets of a corrupt elite.

Giving away R10 million to one individual who was relieved of her duties due to incompetence, in a country that has cut its education budget, would simply be madness and intolerable.

COSATU applauds Judge Mooki for his sober ruling.

Issued by COSATU

Zanele Sabela(COSATU National Spokesperson)

Mobile: 079 287 5788 / 077 600 6639

Email: zanele@cosatu.org.za