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Mkhwebane v Office of the Public Protector and Others (023495/2024) [2024] ZAGPPHC 995

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Mkhwebane v Office of the Public Protector and Others (023495/2024) [2024] ZAGPPHC 995

Legal gavel

11th October 2024

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Click here to read the full judgment on Saflii

FLYNOTES: CONSTITUTION – Public Protector – Gratuity on departure – Removal from office for misconduct and incompetence – Conditions of service only authorised payment of gratuity when incumbent has vacated office and upon removal – Dispute is a matter of interpretation of clause in contract – Absurd for an employer to be expected to pay gratuity to an employee who left office in disgrace – Applicant's remuneration does not include payment of gratuity – Application dismissed.

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