Tuesday, January 16, 2024 – 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 by President Cyril Ramaphosa in September 2023 just 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.
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