36/1/4/1/201100297
NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION NO 659
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2 DECEMBER 2011
(INTERNAL QUESTION PAPER NO 40- 2011)
Date reply submitted: 13 December 2011
659. Mr D V Bloem (COPE-FS) to ask the Minister of Police:
Whether the SA Police Service will charge officers who are implicated in
the 8 000 civil claim cases that were brought against the SAPS which
resulted in his department having to pay more than R106 million in libel
suits; if not, why not; if so, (a) in which cases will the SAPS not charge
the officers and (b) what are the further relevant details?
CW822E
REPLY:
(a) and (b):
The amount of R106 million paid in respect of legal costs to the Department
of Justice and Constitutional Development represents costs for legal
services provided by the State Attorney to SAPS in respect of, for example,
civil claims against and by the state, motions and matters relating to
criminal cases, irrespective of the date when such legal proceedings
commenced. The amount involved also include court orders in favour of
plaintffs and applicants for payment of legal costs. Payment of legal costs
is being made by SAPS on a monthly basis upon receipt of a claim for a
refund from the Department of Justice and Constitutional Development. A
single amount due for a particular month is paid by SAPS and payment of
legal costs per individual case is not captured during the payment process.
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The 8000 cases refer to claims for compensation registered by SAPS during
2010/2011. Only some of these claims have been finalized since then and a
due process still needs to be followed with claims that are still pending.
Once a claim against the state is finalized in favour of a plaintiff all
expenses involved must be determined with a view to decide whether or not a
member enjoys state protection rendered in terms of Treasury Regulation
12.2.1. Once a decision is made by the State Attorney in consultation with
the Legal Services that a member forfeited his or her protection, the
matter must be dealt with in terms of Treasury Regulation 12.7.2 whereby
the member concerned must be notified in writing to pay the amount due
within 30 day or in reasonable instalments. If a member, however, enjoys
state protection a claim against a member must be waived in terms of
Treasury Regulation 12.7.3.
Reply to question 659 approved by the Minister