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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
QUESTION NO.: 2236
DATE OF PUBLICATION: 13 NOVEMBER 2009
2236. Ms M Smuts (DA) to ask the Minister of Justice and
Constitutional Development:
(1) Whether the contracts of the district surgeons are being (a)
cancelled or (b) curtailed; if so, (i) why and (ii) what are the
financial implications in this regard;
(2) whether doctors are paid expert witness fees based on their time
spent waiting or giving expert opinion; if so, what are the
relevant details?
NW2945E
REPLY:-
(1) The Department of Justice and Constitutional Development has not
signed any contracts with district surgeons. The Honourable
Member is requested to contact the Department of Health in this
regard.
(2) Doctors who are in the employ of the State are not entitled to
be paid expert witness fees in terms of the Departmental
Financial Instructions (DFI) paragraph 23.17 for the hours spent
in court. However those who are in private practice are
entitled to be paid expert witness fees and loss of wages. A
medical practitioner who is required to give evidence after the
expiry of a period during which he/she acted as locum tenens for
a district surgeon is entitled to the same allowances as
ordinary witnesses. When the amount claimed exceeds the tariff
as prescribed by the DFI, the claim is referred to the Regional
Head who serves as the delegated official for approval.
I would also like to advise the Honorable Speaker that no
agreement, promise or recommendation as to fees are entered into
or made to an expert witness unless prior authority has been
obtained from the delegated official.