Question NW467 to the Minister of Public Service and Administration
11 March 2024 - NW467
Schreiber, Dr LA to ask the Minister of Public Service and Administration
(1)What is the total amount of public funds spent by the State in opposing the application seeking the North Gauteng High Court to declare the practice of cadre deployment unconstitutional and unlawful; (2) what are the reasons justifying the use of public funds to defend the policy of a political party?
Reply:
1. The Department of Public Service and Administration (DPSA) has spent no public funds in opposing the application seeking the North Gauteng High Court to declare the practice of cadre deployment unconstitutional and unlawful.
The DPSA opposed an application by the Democratic Alliance against the Minister for Public Service and Administration (the Sixth Respondent) in the High Court of South Africa, Gauteng Division, under case No 31418/2022, to declare Chapter IV of the Public Service Act 103 of 1994 to be inconsistent with the Constitution. The costs expended by the DPSA, to date in this regard, is R 450 340-00.
The High Court ordered that the Democratic Alliance pay the costs of the Sixth Respondent in this matter. The order is being appealed by the Democratic Alliance and if the Appeal is dismissed, the DPSA will recover the amounts so taxed.
2. Public funds were not expended by the DPSA to defend the policy of a political party.
The DPSA opposed the application by the Democratic Alliance against the Minister for Public Service and Administration in the High Court of South Africa, Gauteng Division, under case No 31418/2022, which sought to declare Chapter IV of the Public Service Act 103 of 1994 to be inconsistent with the Constitution, on the basis that-
- the Minister for the Public Service and Administration was cited by the Democratic Alliance as the Sixth Respondent;
- the Minister is responsible for the administration of the Public Service Act, 1994;
- the provisions of the Public Service Act were affected by the recourse sought by the Democratic Alliance in declaring the Act unconstitutional; and
- the DPSA was required to respond and place a case before the Court on the incorrectness of the allegation by the Democratic Alliance with regard to the unconstitutionality of the Public Service Act.
In this regard, the High Court found that there was “no valid constitutional attack” and the case of the Democratic Alliance must therefore be rejected.
End