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PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
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FOR WRITTEN REPLY
QUESTION NO: 2132
DATE SUBMITTED:
MR AT FRITZ (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES
With reference to the liabilities incurred in excess of R988 million as
a result of bodily injury/assault by her departmentâs staff, (a) what is
the nature of each of these liabilities, (b) what proportion of the
liabilities in respect of bodily injury/assault are (i) unadjudicated
claims, (ii) claims settled out of court and (iii) amounts awarded by
the courts to claimants, (c) what are the reasons for the tenfold
increase in liabilities incurred as a result of claims related to bodily
injury/assault and (d) what (i) steps has her department taken to recoup
the costs of claims against her department from officials who have been
found liable in law for the losses or damages suffered by her department
and (ii) are the details in each case? NW2807E
REPLY
a) The only claim against the Department to the amount of R 900
million has been instituted by Mr. DS Mthethwa for pains suffered
and defamation of character. This case is still pending in court
and details can only be furnished once it has been finalised.
Other claims settled by the Department:
⢠Monwabisi Ndodanaâs claim was settled at R15 000-00.
⢠Greyling Gerber: Adv Bridgman NO was settled for R 60 000.00
⢠Jonathan Kumbieâs claim was settled at R50 000-00 after
initially claiming R100 000-00.
⢠Thembela Fhutshaneâs claim was settled at R45 000-00 after he
initially claimed R100 000-00.
(b) (i) There are no unadjudicated claims at present.
(ii) The claims for R60 000-00; R15 000-00; R50 000-00;
R45 000-00 were settled out of Court.
iii) See (ii) above.
(c) The increase in liabilities incurred is inflated by the one case
where the claimant is claiming an amount of R900 million. There
has not been an overall increase in the amount of claims brought
against the Department.
(d) (i) The Department has adopted a policy which has been in place
for approximately a year now whereby civil claims are instituted
against officials in cases where the Department incurred liabilities
as a result of the unlawful actions of such members.
(ii) The Department is currently claiming R100 000.00 from five
officials who have assaulted inmates. (Phutsane and others v
Department of Correctional Services â Eastern Cape).