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MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION
AS WELL AS ADMINISTRATION: REPUBLIC OF SOUTH AFRICA
Private Bag X1000, Pretoria, 0001; Tel: 012 300 5200 / 021Â 464 2100
NATIONAL ASSEMBLY
QUESTION FOR WRITTEN REPLY
QUESTION NUMBER: 657
DATE OF PUBLICATION: 28 MARCH 2013
Adv L H Max (DA) to ask the Minister in the Presidency: Performance
Monitoring and Evaluation as well as Administration in the Presidency:
(1) How many claims were instituted against the Presidency (a) in
the (i) 2007-08, (ii) 2008-09, (iii) 2009-10, (iv) 2010-11 and
(v) 2011-12 financial years and (b) during the period 1 April
2012 up to the latest specified date for which information is
available;
(2) in respect of each specified financial year, (a) what amount was
claimed, (b) how many claims were (i) finalised in court, (ii)
settled out of court and (iii) are still outstanding and (c)
what amount has been paid to each plaintiff in each case that
was (i) finalised in court and (ii) settled out of court?
NW8
16E
REPLY:
1) (a) For the purpose of answering the question, claims are
understood to mean claims sounding in money. Claims
concerning the constitutionality of legislation and the
like are therefore excluded.
The number of claims instituted against the Presidency
during the specified financial year is as follows:
|2007-2008|2008-2009 |2009-2010 |2010- 2011 |2011- |
| | | | |2012 |
|(i) |(ii) |(iii) |(iv) |(v) |
|3 |4 |2 |3 |2 |
(b) None
(2) The total number of claims instituted against the Presidency
from 2007 to date is 14 and the breakdown of the cases is as
follows:
⢠Four (4) cases - the employer dismissed the employees for
misconduct, the employees referred their dismissal to the
Bargaining Council which confirmed their dismissal. No
further action was taken by the employees.
⢠Four (4) cases - the employees were dismissed for misconduct
and the employees challenged their dismissals. The four
matters were settled out of court as follows:
- R 1 249Â 734
- R180 608.52
- R212 221.50
- R5 652.26
⢠One (1) case - the employer terminated the employeeâs
contract of employment. The handling of the case was later
transferred to the Department of Women, Children and Person
with Disabilities when it became a fully-fledged department.
⢠One (1) case - the Public Servants Association (PSA) took the
Presidency to the Labour Court for unpaid performance bonuses
for the financial year 2009/2010. The claim was for an
undisclosed amount. The matter has not been pursued further
by the PSA and has been dormant since 2010.
⢠One (1) case - the employer wanted to terminate the
employeeâs contract of employment. The matter was settled on
the basis of placing the employee in another unit.
⢠One (1) case â In this case a service provider is claiming
damages for breach of contract in the amount of R23Â 000.The
matter is pending in the Magistrate Court. The Presidency is
opposing the claim.
⢠One case (1) â the employee is challenging the termination of
his contract of employment. The employee is asking for
reinstatement. The matter is still pending in the Labour
Court.
⢠One (1) case â the claimant is claiming damages for unfair
labour practice allegedly committed by the former
Bophuthatswana government. The claimant has brought a number
of similar claims against several government departments. The
Presidency brought an application for the employee to be
declared a vexatious litigant. The matter is pending in the
High court.