Correctional Services Minister Pieter Groenewald plans to lodge a complaint with the Judicial Service Commission (JSC) against a judge who allegedly decided a case involving his department in two minutes.
His office confirmed the intention following his remarks to Parliament’s Portfolio Committee on Correctional Services on 13 October.
Groenewald told MPs he wanted to complain to the “Justice Commission” about a case that started at 10:05 and ended at 10:07.
Euné Wessels, media liaison officer in the Ministry of Correctional Services, confirmed that he was referring to the JSC.
“He has said he will lodge a complaint once the matter has been fully finalised. Until then, it would not be appropriate to identify the case, the court or the presiding judge,” Wessels said.
She added: “The principle is simple. Every court must make sure that a respondent has received the papers and has had a proper opportunity to be heard before an order is granted.”
Groenewald told MPs that the applicant’s lawyer “said a couple of words, and the judge just said, okay”.
The ministry did not disclose which case was involved or provide further details of the proceedings.
The ministry acknowledged that the department had failed to respond to some legal proceedings because it learnt about them only after court orders had been granted.
“In a number of matters, the department only learnt of the litigation once an order had already been granted,” it said.
It said a system had been introduced to prevent similar occurrences.
“We have put in place a system, coordinated through the Ministry staff, to track litigation and prevent such gaps,” the ministry said.
The ministry also declined to say whether Deputy Minister Lindiwe Ntshalintshali was consulted before Groenewald rejected a proposed court challenge to the department’s disclaimer audit opinion.
At the committee meeting, Ntshalintshali said the department should have challenged the audit outcome.
The ministry said the decision not to litigate was taken by Groenewald and National Commissioner Makgothi Thobakgale.
Groenewald had told MPs that Thobakgale wanted to approach the courts but that he had refused.
The ministry confirmed his account.
“When the National Commissioner raised the possibility of a court challenge, the Minister declined,” it said.
It defended the decision by pointing to the Auditor-General’s constitutional independence.
“The Auditor-General is a Chapter 9 institution and must be respected as such. It would also send the wrong message to taxpayers for one organ of state to take another to court, with both sides paying legal costs from public funds,” it said.
Asked whether Ntshalintshali’s office had been excluded from audit briefings, the ministry did not directly answer.
“Any internal working arrangements will be dealt with directly between them, not through the media,” it said.
The ministry confirmed that the Special Investigating Unit (SIU) has not yet been formally authorised to investigate the department’s perishables and non-perishables tender, HO4/2023.
The SIU was still determining the scope of the investigation and the associated costs, it said.
“Once the SIU has completed its assessment, the Minister will request a proclamation from the President, as the Special Investigating Units Act requires,” the ministry said.
The proposed investigation is expected to examine the prices paid under the contract and whether bidders colluded.
The ministry also confirmed that Thobakgale, rather than Groenewald, suspended four officials, including the chief financial officer, over the R1.6 billion coal tender.
“The Minister announced the suspensions publicly for the sake of transparency. Announcing a decision is not the same as taking it,” the ministry said.
It maintained that the suspensions were precautionary and did not constitute a sanction.
The ministry declined to comment on the parole cases of life-sentenced inmates Bongani Mashinini and Tebogo Modise, which were raised by MKP MP Glen Taaibosch.
“The Ministry does not comment publicly on the parole matters of individual offenders, particularly where they are before the courts,” it said.
It added that Groenewald had invited Taaibosch to submit the details to his office.
“To date, this invitation has not been accepted,” it said.
The ministry also declined to elaborate on Groenewald’s prediction that the FF Plus would leave the government of national unity if the ANC entered into a partnership with the MK party and the EFF.
The minister “has nothing to add”, it said.
“Questions on the FF Plus’s position should be directed to the party,” the ministry added.