Durban - The Home Affairs Department has gone to court to stop its computers from being attached as it says without the equipment “service delivery would be brought to a standstill”.
The department launched the legal action against 18 Durban residents who had brought applications to get the department to issue their identity documents.
In those applications the 18 secured court orders and the department was ordered to pay the costs of applications.
The department paid the costs late and did not pay interest on the amounts.
The respondents then obtained writs of execution to satisfy the interest that had accrued, and in February this year, the sheriff in Pretoria attached 366 of the department’s computers.
The department has now secured an interim order from the Durban High Court to stay the execution.
On Friday, the matter was adjourned indefinitely.
In an affidavit, deputy state attorney Clair Hartley said the attached computers were being used by staff.
“I am advised that if they are removed it would severely disrupt service to the prejudice of the majority.”
She said the importance of the department’s work could not be overstated.
“It is ironic the respondents’ claims have resulted in the attachment of the implements used for service delivery as their claims were based on seeking to have their identity documents issued. They know better than most the pain and inconvenience caused to the lives of those whose documents are not issued.”
Hartley said the department wanted the writs that had been issued to be set aside.
She said the issue of the interest had not been raised by the respondents’ attorneys before the payment of the costs and the matter was only raised more than a year after the payment was made.
In an opposing affidavit, the respondents’ attorney, Krishnaveni Moonusamy, said the department had not contacted her clients to dispute the claimed amounts or to discuss the attachments.
“Had the applicant (Home Affairs) contacted us via its representatives, upon attachment, and conveyed any of its fears … we would not have proceeded further.”
Moonusamy said Hartley had placed “much significance” on the work of Home Affairs, but the 18 respondents and “hundreds others” for whom her firm acted had had “no joy” in obtaining basic services and had resorted to going to court.
She said the costs had only been paid about three years after the court orders had been granted in most of the cases and the department had offered “no explanation” for the delay.
She also said the firm’s office in Pretoria had made numerous attempts to meet the State Attorney and had made telephone queries.
“Promises of payment” had been made.
“Our offices were under the impression that the claim for interest was receiving attention and would be paid.”
That was why the writs were issued for execution only in February, “the intention being to spur payment as verbal promises were going nowhere”.
The Mercury