PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
NATIONAL COUNCIL OF PROVINCES
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FOR WRITTEN REPLY
PARLIAMENTARY QUESTION NO: 501
DATE SUBMITTED TO PARLIAMENT: Monday, 15 October 2012
Mr D V Bloem (COPE-FS) to ask the Minister of Correctional Services:
(1) (a) How many court cases relating to parole issues has his department
(i) won in the (aa) 2008-09, (bb) 2009-10 and (c) 2010-11 financial
years and (ii) lost and (b) how many of these cases resulted in
financial implications for the Government;
(2) (a) how many of these cases are (i) labour-related and (ii) parole
issues and (b) how many of these cases are currently before the court
and (c) what is the duration thereof;
(3) whether the legal advice received in respect of the various cases in
which his department is a litigant has been found to be correct; if
not, what is the position in this regard; if so, what are the relevant
details? CW630E
REPLY
1) (a) The following are details of court cases related to
parole:
i) Won by the DCS:
(aa) 2008-2009 financial year: 9
(bb) 2009-2010 financial year: 9
(cc) 2010-2011 financial year : 16
ii) Lost by the DCS
(aa) 2008-2009 financial year: 4
(bb) 2009-2010 financial year: 3
(cc) 2010-2011 financial year: 2
(b) Legal costs were paid to counsel by the office of the State
Attorney on behalf of the Department of Correctional Services
(DCS).
⢠The office of the State Attorney is an attorney of record for
the DCS and performs the function free of charge. It pays
counsel where it has instruction to issue a brief.
⢠No claims resulting in money were incurred in parole-related
matters.
(2)(a) (i) None
(ii) All cases were related to parole issues as the inmates wanted to
be placed on parole.
b) The total number of current parole related cases is thirty eight
(38).
(c) The duration of each case depends on a set-down date,
availability by counsel, and the presence on an inmate in court,
etc. The average duration period is 30 days from date of service
of motion, and six months if a judgment is reserved. There are
exceptions where a judgment is reserved for more than twelve
months.
3) Yes, the departmental legal advisors gave well-researched and
persuasive opinions that enabled both the senior managers at the DCS
and counsel to defend the interests of the DCS adequately. No legal
advice was found by counsel to be wrong or incorrect.