26 March 2021 - NW235
Luthuli, Mr BN to ask the Minister of Cooperative Governance and Traditional Affairs
(a) What is her position regarding the claims that the failure to pay Izinduna in KwaZulu-Natal was a political issue rather than a budgetary one and (b) by what date is it envisaged that the matter will be brought before a court of law?
a) The first Determination for the payment of headmen/women was issued in February 2014 and required such payments to apply with effect from April 2013. According to the Kwa-Zulu Natal (KZN) Department of Cooperative Governance and Traditional Affairs (Cogta), due to budgetary constraints the province was only able to start paying headmen/women in line with this Determination as from December 2016. There is thus a backlog of outstanding payments for the period April 2013 to November 2016.
b) The KZN Department of Cogta points out that it is not in a position to estimate or speculate as to when the matter may be heard in Court for the following reasons:
- It is a Respondent in the matter and, accordingly, is not dominus litis (the initiator of the proceedings). It is the responsibility of the party who initiated the litigation to ensure that the matter is heard as early as possible;
- Even then, the scheduling of matters is the prerogative of the High Court, which is informed by the number of cases requiring to be set down, their state of readiness to be heard, the availability of Judges, amongst other factors.