Question NW956 to the Minister of Basic Education to ask the Minister of Basic Education

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24 March 2021 - NW956

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Basic Education to ask the Minister of Basic Education

With regard to legal cases that her department was involved in during the (a) 2018-19 and (b) 2019-20 financial years, what (i) was the cost in each case, (ii) was the total cost to her department, (iii) was the reason for each legal case, (iv) total number of cases did her department (aa) win and (bb) lose and (v) are the relevant details of any official of her department who was involved?

Reply:

                                

Response

With regard to legal cases that her department was involved in during the (a) 2018-19 and (b) 2019-20 financial years 

 

2018-2019 financial year

Answer: The Department had 38 cases on its litigation register at the end of the 2018/2019 financial year.

 

What (i) was the cost in each case, (ii) was the total cost to her department, 

Answer: The Department did not spend on each case.In many of the cases the Minister is cited with the MECs and in such cases the cost is covered by the province.The Department spent R 1 459 000 in litigation cost in the 2018/2019 financial year.

 

(iii) was the reason for each legal case, 

Answer: There were 8 cases relating to contractual disputes;9 cases relating to claims for injury or death of a learner; 10 cases relating to constitutional or administrative law issues;one case relating to pension payment of an educator; 2 cases relating to examination issues; 1 case each for defamation, copyright infringement and motor vehicle collision and five cases relating to labour disputes of educators

 

iv) total number of cases did her department (aa) win and (bb) lose 

Answer: Many of the cases were ongoing or dormant, however the Department settled three cases, won one and did not lose any case.

 

 (v) what are the relevant details of any official of her department who was involved?

Answer: There are no officials who were directly involved in any of the cases. 

 

2019-2020 financial year

With regard to legal cases that her department was involved in during the (a) 2018-19 and (b) 2019-20 financial years 

Answer: The Department had  42 cases on its litigation register at the end of the 2019/2020 financial year

 

What (i) was the cost in each case, (ii) was the total cost to her department, 

Answer: The Department did not spend on each case. In many of the cases the Minister is cited with the MECs and in such cases the cost is covered by the province.The Department spent R 12 853 000  in litigation cost in the 2019/2020 financial year.

 

(iii)What was the reason for each legal case,

Answer: There were 11 cases relating to contractual disputes; 10 cases relating to claims for injury or death of a learner; 6 cases relating to constitutional or administrative law issues; 1 case relating to pension payment of an educator; 7 cases relating to examination issues; 1 case each for defamation, copyright infringement and motor vehicle collision and  4 cases relating to labour disputes of educators

 

iv) total number of cases did her department (aa) win and (bb) lose

Answer: Many of the cases were ongoing or dormant, however the Department settled  two cases and lost one.

 

(v) what are the relevant details of any official of her department who was involved?

Answer: There were no officials who were directly involved in any of the cases.

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