PSC reports: Parliament must investigate ministers implicated in blowing money on losing cases

10 June 2016

The DA will request that  the damning reports released by the Public Service Commission (PSC) be tabled in Parliament in terms of section 209(2) of the Constitution so that we may interrogate what appears to be serious abuses of court processes and public funds for frivolous litigation. Parliament has a duty to ensure that the recommendations contained in these reports is diligently pursued and that this money goes to services so many South Africans desperately need.

This comes after the DA’s preliminary reading of PSC reports concerning the Office of the Chief State Law Advisor (OCSLA) and the Office of the State Attorneys (OSA). These reports have revealed that government departments - at the behest of Ministers and Directors-General (D-G) - enter into and proceed with costly litigation despite senior legal advice that these cases are without any legal merit and are sure to be thrown out by the courts.

Specifically the report has revealed that:

- Political interference from Cabinet Ministers is causing matters to go to court without merits despite the advice of the state law advisors and senior counsel; 

- There are allegations that corrupt state attorneys are demanding kickbacks to send briefs to certain advocates;

- Advocates with certain political affiliations receive more briefs than others; and

- State law advisers want additional safeguards to their independence.

This sort of frivolous litigation is something that we have seen play out in our courts time and time again. Most notably is the President’s defence of the Nkandla matter which ended in concession on the steps of the Constitutional Court with a massive team of 5 advocates for the President alone. Another such example is the Booysen matter where the State has lost more than five times in trying to get rid of the KZN Hawks boss, Johann Booysen, on baseless claims. 

At present the President himself is culpable of this and is today arguing before the North Gauteng High Court seeking leave to appeal the 783 charges levelled against him.

It is easy for the State to pursue litigation using other peoples’ money. It is our contention that the Ministers and Directors-General should be held liable and be made to pay personally for these exercises in wasting valuable financial resources.

Parliament cannot allow for this vexatious litigation to persist at the taxpayer’s expense and this must be interrogated and those implicated must loses their jobs and face the full might of the law.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice, 10 June 2016