Official reply:
NATIONAL ASSEMBLY
QUESTION 156/2013
FOR WRITTEN REPLY
Date of publication on internal question paper: 14 February 2013
Internal question paper no: 01
156. Mr M S F de Freitas (DA) to ask the Minister of Social Development:
(1) How many legal matters were dealt with by her 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 her department was not
represented by the State Attorney in each specified case;
(3) what total amounts were paid by her department to (a) the State
Attorney and (b) private attorneys during the specified periods?
NW162E
Reply:
(1)(a) (i) 2009-10 the Department dealt with 240 (Two Hundred and Forty);
(ii) 2010-11 the Department dealt with 944 (Nine Hundred
and Forty Four); (iii) 2011-12 the Department dealt with 980
(Nine Hundred and Eighty); and
(b) 2012 to date the Department dealt with 900 (Nine Hundred).
(2)(a) (i) 3061 (Three Thousand and Sixty One).
(ii) 3 (Three).
(b) Two of the three cases referred to in (2)(a)(ii) were dealt with
by Private Attorneys appointed through the Office of the State
Attorney as they were disciplinary cases involving Senior Officials of
the Department. The other matter was initially dealt with by the State
Attorney. However, the State Attorney did not handle the matter
satisfactorily with the result that an order was delivered against the
Department in the Labour Court. Several letters of complaints were
sent to the State Attorney in this regard. Due to the possible adverse
implication of this court order, the Department in consultation with
the State Attorney, decided to appoint a private attorney through the
Office of the State Attorney to handle the matter.
(3)(a) The amount paid to the Department of Justice and Constitutional
Development
(State Attorney) as reimbursed is as follows:
i) In 2009-10 financial year it was R 2, 042, 318.25 (Two Million Forty
Two Thousand Three Hundred and Eighteen Rands and Twenty Five Cents);
ii) In 2010-11 financial year it was R 11, 116, 297.97 (Eleven Million One
Hundred and Sixteen Thousand Two Hundred and Ninety Seven Rands and
Ninety Seven cents only);
iii) In 2011-12 financial year it was R 15, 494, 039.42 (Fifteen Million
Four Hundred and Ninety Four Thousand and Thirty Nine Rands and Forty
Two Cents);
iv) From 1 April 2012 to date it is R 12, 824, 125.03 (Twelve Million
Eight Hundred and Twenty Four Thousand One Hundred and Twelve Five
Rands and Three Cents only).
(b) The amount paid to Private Attorneys is R 131, 746.00 (One hundred
and Thirty One Thousand Seven
Hundred and Forty Six Rands, which is included in the legal costs
referred to above.