Question NW3537 to the Minister of Home Affairs

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10 October 2022 - NW3537

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

With regard to legal action against his department, what (a) is the total number of (i) cases and (ii) mandamus applications currently on various court rolls in the Republic, (b) has been the (i) average and (ii) total cost orders against his department in the 202122 financial year and (c) is the total quantum of legal fees incurred by his department in defending the specified cases and applications in the specified financial year?

Reply:

a) (i) During the financial year 2021/2022, the Department received a total number of 2371 court applications. It must be noted that not all 2371 applications seek relief against the Department and therefore, the Department does not oppose these matters. In some matters, the Department is cited to take note or implement the court order after the court outcomes. Matters such as registration of customary marriages, adoptions, etc are not opposed, the Department’s only role in these matters is to implement the court outcome.

(ii) The Department received a total number of 792 mandamus applications which are currently on various court rolls in the Republic. These matters include class actions or multiple applicants in one court application.

b) (i) The average of total cost orders in the Department is R33 062,69 legal costs.

(ii) The total cost orders against the Department is 846 for the 2021/2022 financial year.

c) The total quantum of legal fees incurred by the Department in defending court cases during the 2021/2022 financial year is R27 971 037,81.

END

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