36/1/4/1/201300007
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 150
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 14 FEBRUARY 2013
(INTERNAL QUESTION PAPER NO 1-2013)
Date reply submitted: 12 March 2013
150. Dr L LBosman (DA) to ask the Minister of Police:
(1) How many legal matters were dealt with by his 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 his department was not represented by the State Attorney in each specified case;
(3) what total amounts were paid by his department to (a) the State Attorney and (b) private attorneys during the specified periods?
NW156E
REPLY:
(1) Number of civil claims dealt with:
|
FINANCIAL YEAR |
NUMBER OF CLAIMS DEALT WITH (FINALISED) |
|
2009/2010 |
7 004 |
|
2010/2011 |
3 007 |
|
2011/2012 |
5 090 |
Note: The number of claims as per letters of demand was dealt with during the said financial years irrespective when such claims were received by SAPS. The number of claims dealt with do not necessarily relate to claims received in the same specified periods. A large number of these claims become dormant, prescribed, were abandoned, withdrawn or did not comply with the Institution of Legal Proceedings against Certain Organs of State Act, Act 40 of 2002.
(2)(a)(i) In principle civil claims against the state are being dealt with by the State Attorney`s office once instructed by SAPS to act on behalf of the Department. However, there may be exceptional cases where the State Attorney cannot act on behalf of SAPS due to, for example, a conflict of interest that may arise. In such matters SAPS is compelled to utilize the services of private attorneys.
(2)(a)(ii)
|
FINANCIAL YEAR |
NUMBER OF CLAIMS DEALT WITH BY PRIVATE ATTORNEYS |
|
2009/2010 |
0 |
|
2010/2011 |
1 |
|
2011/2012 |
2 |
Note: In the abovementioned matters conflict of interest arose. In two of these matters the plaintiff was in the employ of the State Attorney and in the other two matters a conflict between SAPS and the Department of Justice and Constitutional Development and the State Attorney's office arose.
(3) The following legal costs were paid by SAPS for legal services rendered by the State Attorney to and legal costs paid to private attorneys:
|
FINANCIAL YEAR |
STATE ATTORNEY |
PRIVATE ATTORNEYS |
|
2009/2010 |
R 84 687 030 |
R 4 907 905 |
|
2010/2011 |
R 106 239 616 |
R 3 160 439 |
|
2011/2012 |
R 131 342 607 |
R 3 996 010 |
Note:Legal costs are paid to the Department of Justice and Constitutional Development for legal services provided by the State Attorney to the SAPS during the specified periods in respect of, for example, civil claims against and by the state, applications and representation of members in criminal cases. The said payments to the State Attorney also include legal costs due to plaintiffs in respect of out of court settlements, court orders and costs due to correspondents appointed by the State Attorney. Payment of legal costs are made by the SAPS on a monthly basis upon receipt of a claim for a refund from the Department of Justice and Constitutional Development. The said amounts paid also do not necessarily relate to claims institued against SAPS in the same specified periods.
The amounts referred to and paid to private attorneys include court orders in favour of plaintiffs in respect of legal costs not paid by the State Attorney. It also include matters relating to labour law disputes and legal opinions obtained from counsel.
Reply to question 150 approved by the Minister
Issued by Parliament, March 12 2013
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