Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

History is not heritage: Why we must choose what we keep as a nation

September 24, 2026

South Africa must stop apologising for being South Africa amid growing continental hostility

September 23, 2026

ANC loses election appeal after failing to finalise candidate nominations; takes battle to apex court

September 23, 2026
Facebook X (Twitter) Instagram
Trending
  • History is not heritage: Why we must choose what we keep as a nation
  • South Africa must stop apologising for being South Africa amid growing continental hostility
  • ANC loses election appeal after failing to finalise candidate nominations; takes battle to apex court
  • Limpopo municipality CFO cannot return to work during suspension appeal
  • Wondering why the police chief accused of rape could not be named upon arrest? Here’s why
  • Fake ABSA fraud official steals R21.55 million from Mpumalanga company
  • Truworths and Tyme restraint of trade battle runs out of time before judges decide the real dispute
  • Mother fights to take furniture into temporary home during divorce to preserve familiarity
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Former Gender Equality commissioner Mbuyiselo Botha denied leave payment claim
Constitutional Law

Former Gender Equality commissioner Mbuyiselo Botha denied leave payment claim

The High Court in Johannesburg has found that commissioners are public office bearers, not employees, and cannot lawfully claim payment for unused leave.
Kennedy MudzuliBy Kennedy MudzuliAugust 5, 2026Updated:August 5, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Former Gender Equality commissioner Mbuyiselo Botha, whose High Court challenge over payment for accumulated leave clarified the legal status of commissioners as public office bearers.
Share
Facebook Twitter LinkedIn Pinterest Email

 

  • Mbuyiselo Botha, who previously served as a commissioner for Gender Equality, tried to claim payment for 67 days of unused leave after his term ended.
  • Judge Stuart Wilson explained that commissioners are public office bearers, and their benefits are determined by law, not by employment policies.
  • The court decided that the Commission’s leave policy cannot legally allow commissioners to accumulate leave.

Former Commission for Gender Equality (CGE) commissioner Mbuyiselo Botha has lost his attempt to be paid for 67 days of accumulated leave. The High Court in Johannesburg said that commissioners are public office bearers, not employees, and so they cannot lawfully receive leave benefits outside the rules set by law.

Judge Stuart Wilson, delivering the judgment, said the CGE did not have the legal power to grant leave benefits to commissioners through its internal policies. Their pay and benefits are set out in the Commission for Gender Equality Act.

Botha claimed over R250,000

Botha was a commissioner until 31 May 2024. After his term ended, he claimed just over R250,000 for 67 days of unused leave.

Botha based his claim on the Commission’s Handbook and leave policy. He argued that commissioners could save up leave days and carry them over to the end of their terms. He also said that because he was not an employee, the 22-day cap on leave payouts for employees should not apply to him.

Judge says public office is different from regular employment

Judge Wilson said Botha’s application was based on a misunderstanding of what it means to hold public office. He explained that commissioners are appointed by the President on the recommendation of the National Assembly. Their salaries, allowances and benefits are decided by law, not by employment contracts or workplace rules.

“The President does not employ those he appoints,” said Judge Wilson. The judge also said that public office bearers carry out constitutional and legal duties independently. They are accountable to the law, not to an employer like in a normal workplace.

Leave policy could not create legal rights for commissioners

Judge Wilson found that while the Commission could make leave policies for its employees, it did not have the power to give extra benefits to commissioners.

He said, “The Act leaves the decision about a commissioner’s benefits to the President… A commissioner cannot get around the law by making a deal with the Commission for extra leave benefits, since the Commission does not have the power to give them.”

The judge said that any rules in the Handbook or leave policy that treat commissioners as employees are unlawful. Judge Wilson also said, “Holding public office is about serving, not about personal gain.”

Settlement approved but legal point clarified

During the hearing, the Commission repeated its earlier offer to settle by paying Botha about R80,000, which is equal to 22 days’ leave, as a goodwill payment.

Judge Wilson made the settlement an order of court after the Commission confirmed the payment was only to settle the case, not to recognise any legal right under the leave policy.

Although the money dispute was settled, both parties wanted the court to decide on the legal issues because these are important for the public and will help the Commission review its Handbook and leave policy.

Court order

The court made the settlement agreement official, declared that Gender Equality commissioners cannot lawfully accumulate leave under the Commission’s policy and ordered each party to pay its own legal costs.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

 

Commission for Gender Equality employment law High Court Mbuyiselo Botha public office bearers
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

ANC loses election appeal after failing to finalise candidate nominations; takes battle to apex court

September 23, 2026

Truworths and Tyme restraint of trade battle runs out of time before judges decide the real dispute

September 23, 2026

Gauteng’s cancellation of R200 million hospital gas contract declared unlawful

September 17, 2026
Leave A Reply Cancel Reply

Prove your humanity: 7   +   8   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Opinion
7 Mins Read

History is not heritage: Why we must choose what we keep as a nation

By Sandile MemelaSeptember 24, 20267 Mins Read

Sandile Memela argues that history records what happened, while heritage is the deliberate choice to preserve values that advance justice, dignity, and human development.

South Africa must stop apologising for being South Africa amid growing continental hostility

September 23, 2026

ANC loses election appeal after failing to finalise candidate nominations; takes battle to apex court

September 23, 2026

Limpopo municipality CFO cannot return to work during suspension appeal

September 23, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

V&A Waterfront judgment shows honesty is the first qualification any employee brings to work

September 21, 2026

Sea Point building plans declared unlawful, but luxury apartment development will continue

September 9, 2026

Murder-for-payout schemes shake South Africa’s insurance sector amid rising fraud

September 21, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by