Proceedings in the urgent application brought by former Public Protector Busisiwe Mkhwebane against the office of the Public Protector, now headed by Advocate Kholeka Gcaleka will continue today in the High Court in Pretoria.in September last year. Her legal representative Advocate Dali Mpofu argued yesterday that withholding the gratuity amounts to a “double penalty.”
Mpofu stated, “In fact, in this case, it doesn’t just impose a penalty; it imposes a double penalty, which the Americans call double jeopardy. It’s because for the same conduct you’ve already been punished by being impeached, so they are saying now you must be punished again by being deprived of your gratuity. So it’s worse than a double penal clause.”
Mpofu contended that Mkhwebane’s removal from public office should not disqualify her from receiving the gratuity typically awarded at the end of service. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.