NCOP
FOR WRITTEN REPLY
QUESTION NO. 511
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 October 2011
(INTERNAL QUESTION PAPER NO. 33)
Mrs E C van Lingen (DA-EC) to ask the Minister of Health:
(1) How many court cases have been brought against his department in the
Eastern Cape for (a) health service malpractices, (b) labour issues
and (c) tender procedures (i) in the (aa) 2009-10 and (bb) 2010-11
financial years and (ii) from 1 April 2011 up to the latest specified
date for which information is available;
(2) (a) how many of these cases has his department (i) won, (ii) lost,
and (iii) settled out of court and (b) at what (i) legal and (ii)
settlement cost in each case?
CW614E
REPLY:
According to the Eastern Cape Provincial Department of Health, the response
is as follows:
1) (a) (i) (aa) 2009-10 financial year= 93 cases received, and
(bb) 2010-11 financial year= 88 cases received
ii) from 1 April 2011 to October 2011= 65 cases received.
b) (i) (aa) 2009-10 financial year= 19 cases received, and
(bb) 2010-11 financial year= 19 cases received
ii) from 1 April 2011 to October 2011= 01 case received.
c) (i) (aa) 2009-10 financial year= 01 case received, and
(bb) 2010-11 financial year= 0 (Nil) cases received
ii) from 1 April 2011 to October 2011= 0 (Nil) cases received.
2) (a) The following table reflects the situation in this regard
|2009/10 |Won |Settled out of |Lost |
| | |court | |
| |1 |7 | |
|2010/11 | | | |
| |- |13 |5 |
|2011/12 | | | |
| |1 |12 |0 |
(b) (i) The respective offices of the state attorney do payments
of legal costs on behalf of the department and send their
invoices for reimbursement in a piecemeal fashion and
invoices belong to different financial years are lumped
together. This situation results in difficulties in
reconciliation of annual legal cost.
(ii) Settlement cost in each case:
1) 2009/10 = R19 851 319.52 â Health Service Malpractice
2) 2010/11 = R10 170 049.24 â Health Service Malpractice
3) 2011/12 = R22 713 469.92 â Health Service Malpractice
Lost cases:
4) 2010/11 = R523 899.60 â
3 for labour issues and
1 for Health Service Malpractice
END.