Top judge lashes government for delaying tactics

The increasing incidence of government departments ignoring court orders, or launching frivolous appeals to delay justice, has been tackled by Limpopo Judge President Ephraim Makgoba, notes Legalbrief. ‘Sometimes government has got a way of ignoring court orders. You may not see it but we realise that they ignore by (using) delaying tactics in the form of embarking on frivolous appeals,’ Makgoba is quoted as saying in a News24 report. He was addressing the Inter-Provincial State Law Advisers Forum. He told the forum that over the past two years, government had appealed more than 80% of judgments made against it in the Limpopo High Court division. Makgoba added that more than 70% of these appeals were thrown out due to government using delaying tactics to frustrate plaintiffs. He noted the manner in which the state loses cases after an appeal leaves many unanswered questions. ‘Do you take the matter on appeal because you cannot allow (the) ordinary man in the streets to obtain judgment against you or what,’ asked Makgoba. The judge added that more often than not litigation was costly because government did not want to consider advice from its own legal officials. He said government leaders outsourced their defence and paid exorbitant fees without consulting the State Attorney's Office.

However, taxpayers would not carry legal costs in cases where government appeared to be ignorant of the law, said Makgoba. He cited the 2013 Gauteng Gambling Board vs MEC for Economic Development case. The SCA found that the MEC had erred when dissolving the board, and held the MEC personally responsible for costs incurred in launching an appeal against an earlier court ruling, notes News24. He also said a recent ruling by Judge Dunstan Mlambo in the Gauteng High Court (Pretoria) that former President Jacob Zuma must pay an estimated R10m in legal costs from his own pocket was an indictment of government. The court also dismissed Zuma's bid to review former Public Protector Thuli Madonsela's State of Capture report. Makgoba said the Nkandla and state capture rulings showed that the judiciary remains independent and does not compromise on its standing as a body to discharge its mandate.

Full Fin24 report

GGB & another v MEC for Economic Development