Cape Town – The Democratic Alliance on Friday called for Parliament to scrutinise state spending on litigation after the Public Service Commission found that government lost the majority of cases it tackled in court.
“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,” said DA justice spokeswoman Glynnis Breytenbach.
This, after the PSC noted in reports on the offices of the state attorneys and the state law adviser, that not only had government lost an estimated seven out of every 10 cases, but that judges had leveled damning criticism at state representatives in court recently.
It said the fact that in one day in 2014, the office of the state attorney was criticised by two judges for professional neglect, called for intervention by the department of justice.
The report reveals that government law advisors found themselves under duress from ministers and top departmental officials to fight against their better judgment, resulting in embarrassment and “massive” financial loss.
The report furthermore contained allegations that corrupt state attorneys were taking kickbacks to brief certain advocates for cases.
Breytenbach said it was ironic that the reports should emerge in the same week that President Jacob Zuma and the National Prosecuting Authority were seeking leave to appeal the North Gauteng High Court judgment which in April ruled that he should face 783 criminal charges because the decision to withdraw them had been irrational.
“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.
“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 five advocates for the president alone.
“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.”
Parliament had a duty to ensure that the reports were heeded and public money better spent on services for the poor, she added.
African News Agency