36/1/4/1/201300007
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 150
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 14 FEBRUARY 2013
(INTERNAL QUESTION PAPER NO 1-2013)
Date reply submitted: 12 March 2013
150. Dr L LBosman (DA) to ask the Minister of Police:
(1) How many legal matters were dealt with by his department (a) in the
(i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years and (b)
during the period 1 April 2012 up to the latest specified date for
which information is available;
(2) (a) how many of the specified legal matters were dealt with by (i)
the State Attorney and (ii) private attorneys during the specified
periods and (b) what are the reasons why his department was not
represented by the State Attorney in each specified case;
(3) what total amounts were paid by his department to (a) the State
Attorney and (b) private attorneys during the specified periods?
NW156E
REPLY:
(1) Number of civil claims dealt with:
|FINANCIAL YEAR |NUMBER OF CLAIMS DEALT WITH |
| |(FINALISED) |
|2009/2010 |7 004 |
|2010/2011 |3 007 |
|2011/2012 |5 090 |
Note: The number of claims as per letters of demand was dealt with during
the said financial years irrespective when such claims were received by
SAPS. The number of claims dealt with do not necessarily relate to claims
received in the same specified periods. A large number of these claims
become dormant, prescribed, were abandoned, withdrawn or did not comply
with the Institution of Legal Proceedings against Certain Organs of State
Act, Act 40 of 2002.
(2)(a)(i) In principle civil claims against the state are being dealt
with by the State Attorney`s office once instructed by SAPS to
act on behalf of the Department. However, there may be
exceptional cases where the State Attorney cannot act on behalf
of SAPS due to, for example, a conflict of interest that may
arise. In such matters SAPS is compelled to utilize the services
of private attorneys.
(2)(a)(ii)
|FINANCIAL YEAR |NUMBER OF CLAIMS DEALT WITH BY |
| |PRIVATE ATTORNEYS |
|2009/2010 |0 |
|2010/2011 |1 |
|2011/2012 |2 |
Note: In the abovementioned matters conflict of interest arose. In two of
these matters the plaintiff was in the employ of the State Attorney and in
the other two matters a conflict between SAPS and the Department of Justice
and Constitutional Development and the State Attorneyâs office arose.
(3) The following legal costs were paid by SAPS for legal services
rendered by the State Attorney to and legal costs paid to private
attorneys:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
| | | |
|FINANCIAL YEAR |STATE ATTORNEY |PRIVATE ATTORNEYS |
| | | |
|2009/2010 |R 84 687 030 |R 4 907 905 |
| | | |
|2010/2011 |R 106 239 616 |R 3 160 439 |
| | | |
|2011/2012 |R 131 342 607 |R 3 996 010 |
Note:Legal costs are paid to the Department of Justice and Constitutional
Development for legal services provided by the State Attorney to the SAPS
during the specified periods in respect of, for example, civil claims
against and by the state, applications and representation of members in
criminal cases. The said payments to the State Attorney also include legal
costs due to plaintiffs in respect of out of court settlements, court
orders and costs due to correspondents appointed by the State Attorney.
Payment of legal costs are made by the SAPS on a monthly basis upon receipt
of a claim for a refund from the Department of Justice and Constitutional
Development. The said amounts paid also do not necessarily relate to claims
institued against SAPS in the same specified periods.
The amounts referred to and paid to private attorneys include court orders
in favour of plaintiffs in respect of legal costs not paid by the State
Attorney. It also include matters relating to labour law disputes and legal
opinions obtained from counsel.
Reply to question 150 approved by the Minister