The Presidency and the Department of Justice Intergovernmental National Litigation Forum aims to address state litigation challenges

May 3rd, 2022
x
Bookmark

The Presidency and Department of Justice held the inaugural meeting of the Intergovernmental National Litigation Forum (INLF) on 25 February 2022 in Pretoria. In his welcoming speech, Minister of Justice and Correctional Services, Ronald Lamola, said that ensuring South Africa (SA) has an effective state litigation service is a critical component of reducing leaks in the fiscus. He pointed out that it has been two years since the implementation of the State Attorney Amendment Act 13 of 2014 and since the appointment of the Solicitor General there are some ‘green shoots’ which are beginning to emerge, for example, the policy instruments in place to ensure that the state legal services are delivered in a coordinated and effective manner.

Among other things, Mr Lamola said the INLF aims to entrench alternative dispute resolution mechanisms as an essential component of management of state litigation. He added that this includes the Broad-Based Black Economic Empowerment Legal Sector Code of Good Practice, which is currently being duly processed by the Department of Trade, Industry and Competition towards the Cabinet. ‘Armed with the Legal Sector Code we will be able to drive substantive reforms in the professions,’ Mr Lamola said. Mr Lamola also announced that the state’s Candidate Attorney   Programme has begun.

The keynote address was delivered by President Cyril Ramaphosa. He said the INLF is a crucial step towards an efficient, coordinated state legal services system that promotes values and obligations arising from the Constitution, adding that the INLF has the potential to enhance government’s ability to fulfil its policy. The reform of legal services – both private and public – is part of the broader transformation of the judicial system. He said this is meant to enhance access to justice and deepen constitutional democracy.

Mr Ramaphosa pointed out that the INLF recognised that a fragmented approach to litigation has huge costs to the governments fiscus and for the ability to implement the country’s electoral mandate. He said the establishment of the INLF is a signal of collective determination to implement intergovernmental coordination, and to drive efficiencies that reduce the considerable financial burden of lawsuits against government. He added that to correct this problem the Presidency and the Department of Justice first began working in 2018 on the terms of reference for the INLF.

Mr Ramaphosa said that this development has been long overdue and has become all the more urgent. He pointed out that legal fees for national and provincial spheres of government over the past five financial years amount to approximately R 7 billion. He added that the Auditor General has reported that the contingent liability was sitting at R 147 billion for the 2020/2021 financial year.

Mr Ramaphosa spoke about citizens approaching courts to uphold their rights. He said that the Bill of Rights holds that every person has the right to administrative action that is lawful, reasonable, and procedurally fair – and they have the right to seek the review of administrative action by a court of law. He pointed out that governments’ first responsibility is to ensure that it addresses all the shortcomings and that all persons in the country can fully exercise their rights.

Mr Ramaphosa pointed that the primary objective of the strategy is to develop and implement a holistic and coordinated approach to state litigation. He added that in the SA that is being built, state litigation liability would be negligible, because things would be done properly from the outset. That in the SA that is being built, problems will be solved through engagement with stakeholders and more effective consultation, leaving little need for interest groups to challenge government’s actions in court. ‘But as we build South Africa, we will need to confront the realities of the present,’ Mr Ramaphosa said.

The INLF comprises of the Heads of the State Attorneys Offices, Heads of Legal Services within the state departments and it is co-chaired by the Office of the Solicitor General and the Presidency.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.

X