1. The Department of Public Service and Administration (DPSA) has spent no public funds in opposing the application seeking the North Gauteng High Court to declare the practice of cadre deployment unconstitutional and unlawful.
The DPSA opposed an application by the Democratic Alliance against the Minister for Public Service and Administration (the Sixth Respondent) in the High Court of South Africa, Gauteng Division, under case No 31418/2022, to declare Chapter IV of the Public Service Act 103 of 1994 to be inconsistent with the Constitution. The costs expended by the DPSA, to date in this regard, is R 450 340-00.
The High Court ordered that the Democratic Alliance pay the costs of the Sixth Respondent in this matter. The order is being appealed by the Democratic Alliance and if the Appeal is dismissed, the DPSA will recover the amounts so taxed.
2. Public funds were not expended by the DPSA to defend the policy of a political party.
The DPSA opposed the application by the Democratic Alliance against the Minister for Public Service and Administration in the High Court of South Africa, Gauteng Division, under case No 31418/2022, which sought to declare Chapter IV of the Public Service Act 103 of 1994 to be inconsistent with the Constitution, on the basis that-
In this regard, the High Court found that there was “no valid constitutional attack” and the case of the Democratic Alliance must therefore be rejected.
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