2009 11 18 'Govt to settle court judgments in 30 days', SAPA

Cape Town - All future court judgments against the state involving money will be complied with within 30 days, government spokesperson Themba Maseko said on Wednesday.

Briefing the media following Wednesday's regular Cabinet meeting, he said all outstanding court judgments against the state would also be complied with immediately.

This decision followed the Constitutional Court judgment last month which declared section three of the State Liability Act invalid.

Maseko said this meant that members of the public would now be able to move to attach moveable state property in a case where the court had ruled a department had to pay a complainant money and it failed to do so in the period prescribed, Maseko said.

This legal precedent was set by the landmark Nyathi case where the North Gauteng High Court declared that the state could have its assets sold in execution if it failed to pay damages.

The judgment was prompted by the Gauteng MEC for Health failing to pay a complainant who was paralysed after he received incorrect medical treatment, R317 000 awarded by a lower court.

Acting Judge Norman Davis declared a portion of Section 3 of the State Liability Act inconsistent with the Constitution "and therefore invalid".

Maseko said the state would pay up within 30 days if ordered to do so by a court.

"The commitment made by Cabinet is to make sure that the decision is implemented within 30 days and to make sure the government will settle those claims within 30 days."

SAPA

 

Staff Login