Former Public Protector Busisiwe Mkhwebane is in court seeking a R10 million gratuity payout. Her legal team, led by Dali Mpofu, claims the Office of the Public Protector is obligated to pay her. Mkhwebane argues that denying this payment would be arbitrary and unjust, and highlights her current financial difficulties.
Busisiwe Mkhwebane – South Africa’s Public Protector Explained
If you’ve been following South African politics, the name Busisiwe Mkhwebane has probably popped up more than once. She’s the country’s public protector, a constitution‑mandated watchdog who investigates misconduct in state institutions. But why does she dominate headlines? Let’s break it down in plain language.
Background and career
Busisiwe Mkhwebane was appointed public protector in 2016 after a long career in law and public service. She studied law at the University of KwaZulu‑Natal and worked as a senior legal officer in the Department of Justice. Her experience includes handling high‑profile corruption cases, which gave her the reputation of being tough on government abuse.
When she took office, the public expected her to bring fresh energy to a role that had been under fire for slow investigations. Early on, she launched probes into the National Department of Health’s procurement processes and the controversial National Lottery scandal. Those moves earned her both praise for boldness and criticism for perceived overreach.
Recent developments and controversies
The past few years have turned Mkhwebane’s tenure into a courtroom drama. In 2020, the Constitutional Court ruled that she had overstepped her powers in a case involving the National Treasury. The court said she must follow stricter procedural rules, a decision that sparked a heated debate about the limits of the public protector’s authority.
More recently, a series of legal challenges have focused on her investigations into the Department of Home Affairs and the former President’s son. Critics argue that some of her reports were rushed or lacked solid evidence, while supporters claim she’s simply facing a politically motivated backlash.
In early 2024, the Parliament’s Portfolio Committee voted to appoint an independent panel to review her conduct. The panel’s findings could lead to her removal, a move that has ignited protests from civil‑society groups who fear weakening the office’s independence. At the same time, the ruling party argues that the public protector must be accountable, not a “law‑breaker herself.”
What does all this mean for everyday South Africans? For many, the public protector is a symbol of hope that corrupt officials can be held accountable. When the office appears compromised, confidence in government drops. That’s why each new ruling on Mkhwebane’s actions is watched closely by journalists, activists, and ordinary citizens alike.
Despite the turbulence, Mkhwebane continues to release reports. Her latest investigation targets irregularities in the allocation of COVID‑19 relief funds. The draft report alleges that money was diverted to private companies with political connections. If the findings hold up, they could trigger another wave of hearings and possibly more legal battles.
So where does the story go from here? The Constitutional Court’s next hearing on her possible removal is scheduled for later this year. If the court upholds her position, we might see a steadier hand at the public protector’s office. If not, a new appointee will step in, and the cycle of scrutiny will start anew.
Bottom line: Busisiwe Mkhwebane’s name is now synonymous with South Africa’s struggle to balance strong oversight with due process. Whether you view her as a fearless whistle‑blower or a reckless official, her impact on the country’s fight against corruption is undeniable. Keep an eye on the headlines – the outcome will shape how the public protector’s role evolves for years to come.