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  • Home »
  • Questions »
  • Questions asked to the Minister of Justice and Correctional Services

2018-w3514 - 14 December 2018

  • ← 2018-w3844 - 14 December 2018
  • 2018-w3895 - 14 December 2018 →
  • Picture of Cornelius Petrus Mulder
    Mulder, Dr CP question
    (a) How many (i) public servants and (ii) Ministers have received legal and financial support from the state annually since 1 January 2014 during court cases arising from the execution of their duties and (b) what were the costs related to each specified case; (2) in how many cases have such civil servants and Ministers forfeited their administrative protection; (3) whether the financial expenses associated with such forfeited cases have been recouped from the said civil servants and Ministers; if not, why not; if so, what is the extent of the financial expenses recouped in each case; (4) whether he will make a statement about the matter?
    Source Link in context Link
  • Minister of Justice and Correctional Services answer

    I have been informed by the Office of the Acting Chief Litigation Officer as follows:

    (1)(a)(i) 526 public servants; and (ii) 4 Ministers; and (b) the statistics concerned regarding the costs, have not been kept separately, because they are managed in the normal processes and kept with all other files, which are allocated to a State Attorney if and when such an application is brought. The costs that could be sourced, are indicated in the tables below.

    (2) None. In the normal processes in State Attorneys’ Offices, such statistics are not kept separately, but are kept with all other normal files and allocated to a State Attorney if and when such an application is brought. In respect of the Heads of Department, Chief Financial Officers and Members of the Executive Council who applied for State cover, no separate record or statistics of such matters, were kept.

    (3) No, because I have been informed that it is mostly SAPS members who are faced with this situation; and SAPS recoup the money themselves. The SAPS members sign an undertaking to pay before the matter is referred to the State Attorneys’ Offices and SAPS executes it internally.

    (4) No such statement is necessary.

    Background information:

    The tables below provide statistical information of the Offices of the State Attorneys and the Chief Directorate: Law Enforcement within the Office of the Chief Litigation Officer dealing with matters of the Department of Justice and Constitutional Development:

    1. STATE ATTORNEY: BLOEMFONTEIN

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    43

    None

    R267 431.74

    None

    None

    None

    2015

    5

    None

    R50 015.47

    None

    None

    None

    2016

    95

    None

    R700 828.03

    None

    None

    None

    2017

    27

    None

    R289 980.35

    None

    None

    None

    2018

    33

    None

    R304 75.30

    None

    None

    None

    2. STATE ATTORNEY: EAST LONDON

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    2

    None

    None

    None

    None

    None

    2015

    2

    None

    None

    None

    None

    None

    2016

    1

    None

    None

    None

    None

    None

    2017

    3

    None

    R33 961.81

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    3. STATE ATTORNEY: PRETORIA

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    9

    4

    None

    None

    None

    None

    4. STATE ATTORNEY: DURBAN

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    5. STATE ATTORNEY: MTHATHA

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    2

    None

    None

    None

    None

    None

    6. STATE ATTORNEY: KIMBERLEY

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    Regarding the Kimberley State Attorneys’ Office, it has been reported that no records were kept regarding public servants. Nor were records kept of Ministers who received legal representation in the scope of their duties.

    7. STATE ATTORNEY: MAHIKENG

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    Regarding the Mahikeng State Attorneys’ Office, the information as received from the Office of the State Attorney, is that the State Attorneys have represented Ministers in all claims. This was however in the official (normal) capacity and not in their personal capacity. The State Attorney, Mahikeng is therefore not aware of any Minister who forfeited administrative protection. Therefore the Head of the Office informs me that there are no such cases.

    The Office of the State Attorney has also represented individual officials in their official capacities who were cited as co-defendants with the relevant Minister. The State Attorney is not aware of any of those officials who forfeited their administrative protection. Therefore the Head of Office informs me that there are no such cases.

    As the Office has not kept statistics of this nature before, it is not possible to provide a breakdown of the costs incurred in respect of all these cases. In this respect, I am informed that there are no costs to report on, as there were no such cases where the Minister, Member of the Executive Council (MEC) or Officials have applied for legal representation in their personal capacity.

    8. STATE ATTORNEY: JOHANNESBURG

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    66

    None

    R1 188 735.00

    None

    None

    None

    2015

    49

    None

    R1 462 626.00

    None

    None

    None

    2016

    18

    None

    R395 845.00

    None

    None

    None

    2017

    10

    None

    R222 566.00

    None

    None

    None

    2018

    8

    None

    R22 292.00

    None

    None

    None

    9. STATE ATTORNEY: CAPE TOWN

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    135

    None

    None

    None

    None

    None

    10. STATE ATTORNEY: THOHOYANDOU

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    4

    None

    R36 559.00

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    1

    None

    R4 305.00

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    11. STATE ATTORNEY: PORT ELIZABETH

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    2

    None

    R31 468.00

    None

    None

    None

    2015

    3

    None

    R138 372.00

    None

    None

    None

    2016

    5

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    12. STATE ATTORNEY: POLOKWANE

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    None

    None

    None

    None

    None

    None

    Regarding the Polokwane State Attorneys’ Office, the Head of Office has reported that there are no such applications that have been submitted to their office. Hence the nil return on the table, above.

    13. CHIEF DIRECTORATE: LAW ENFORCEMENT IN THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT:

    Year

    No. of Public servants

    No. of Ministers

    Costs for public servants

    Costs for Ministers

    No. of cases where public servants forfeited their administrative protection

    No. of cases where Ministers forfeited their administrative protection

    2014

    None

    None

    None

    None

    None

    None

    2015

    None

    None

    None

    None

    None

    None

    2016

    None

    None

    None

    None

    None

    None

    2017

    None

    None

    None

    None

    None

    None

    2018

    3

    None

    None

    None

    None

    None

    Source Link in context Link
  • ← 2018-w3844 - 14 December 2018
  • 2018-w3895 - 14 December 2018 →

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