Question NW8 to the Minister of Justice and Correctional Services
30 April 2024 - NW8
Mulder, Dr CP to ask the Minister of Justice and Correctional Services
(1) What total legal costs were incurred for the proceedings instituted by the Government against the State of Israel on 29 December 2023 before the International Court of Justice; (2) whether any third parties sponsored South Africa’s application, be it financially and/or otherwise; if not, what is the position in this regard; if so, what are the relevant details; (3) what was the (a) size of the South African legal team, including foreign attorneys and (b) total number of (i) Members of Parliament and (ii) State officials who were invited by his department to attend the proceedings; (4) what was the total (a) travel and (b) accommodation costs incurred by his department for all (i) legal personnel, (ii) politicians and (iii) State officials; (5) whether he will make a statement on the matter?
Reply:
1.Three government Departments namely, the Presidency, International Relations and Cooperation and Justice and Constitutional Development had legal representation for the ICJ case argued on 11 and 12 January 2024.
I am only able to respond with regard to the Counsel and costs falling under the Department I am responsible for.
The Department of Justice and Constitutional Development had 1 senior and 2 junior counsel who handled the matter on a pro bono basis,
(2) I am not aware of any third parties’ sponsorship.
(3)
(a) There were three legal practitioners / counsel who were on brief by the Department of Justice and Constitutional Development (the Department).
(b) I attended the proceedings at the International Court of Justice (ICJ) on 11 and 12 January 2024 together with three officials.
(4) The information is as follows: -
(a) The costs in respect of travel for:
- Legal team is R277 083.
- Minister is R443 442.
- State Officials is R1025 359, (this includes the VIP Protector who is employed by SAPS, so considered an official)
(b) The total costs for accommodation:
- Legal team is R73 420.
- Minister is R43 999.
- State Officials is R58 115. (this includes the VIP Protector who is employed by SAPS, so considered an official)
c) Subsistence Allowance for Minister & Officials
- R34 080,42
(5) Yes. South Africa is extremely proud that we took this matter to the ICJ. As Government, South Africa could not sit idly and watch the killing of innocent people in Gaza. South Africa stepped up at the time when thousands of lives, mainly vulnerable women and children, were killed and our efforts drew the world's attention that a genocide is happening in Gaza. Several other countries joined in the condemnation of the genocide and pledged support and solidarity with South Africa for its stance against genocide. This is evidenced by the fact that the ICJ held, by fifteen votes to two, that the State of Israel must, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention. Moreover on 26 January 2024, the court ruled that “the present perilous situation demands immediate and effective implementation of those measures”, in response to the Article 75 application of the ICJ, that Israel is bound by the provisional measures order.