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.
R10 million gratuity – what you need to know
You've probably heard the term "R10 million gratuity" in the news lately. It sounds massive, but what does it actually mean for employees and companies in South Africa? This guide breaks it down in plain language, so you can see why it matters and how it works.
Why a R10 million gratuity matters
First off, a gratuity is a lump‑sum payment you get when you leave a job after a long stint – it’s a form of retirement cash. When the amount hits R10 million, it isn't just a big number; it signals a few things. Companies that can afford such payouts usually have strong cash flow or are winding down a big project. Employees see it as a safety net that can fund a home purchase, start a business, or simply give peace of mind.
For the economy, large gratuities can boost spending. When someone receives R10 million, they often invest in property or local businesses, creating jobs and tax revenue. That’s why the media highlights these payouts – they’re a sign of wealth moving back into the community.
How it works under South African law
South Africa’s Basic Conditions of Employment Act (BCEA) sets the rules. A gratuity is only payable if an employee has been with the same employer for at least one year and the contract says so. The amount is usually calculated as a month’s salary for every year of service, up to a certain cap. The R10 million figure usually appears when senior executives have long service periods and high salaries.
Employers must keep a gratuity fund or pay directly when the employee leaves. If the company goes bust, the Unemployment Insurance Fund can step in, but only up to a statutory limit – not the full R10 million. That’s why many companies create private gratuity trusts to protect the money.
Tax is another piece of the puzzle. The first R25 000 of a gratuity is tax‑free, and the rest is taxed at the employee’s marginal rate. For a R10 million payout, the tax bill can be substantial, so most people work with a financial adviser to spread the tax impact over time.
Practical tip: If you’re expecting a large gratuity, start planning early. Open a retirement account, consider investing a portion, and keep records of your service years. The better you organize, the smoother the cash will land in your bank.
In short, a R10 million gratuity is more than a headline. It reflects years of work, legal rules, and a chance to reshape your financial future. Whether you’re an employee eyeing the payout or an employer managing the fund, understanding the basics helps you make smarter choices.