Public institutions are wasting courts' time and our money

20 July 2016 - 10:10 By The Times Editorial

Litigate, litigate, litigate seems to be the new management style of our public institutions. And the state attorney's office loses most of the cases it takes to court on behalf of the government, according to an investigation by the Public Service Commission. The cases cost millions - taxpayers' money poured down the drain.The Public Service Commission report has revealed that the work of state attorneys is of poor quality.According to a judge quoted in the report: "The very essence of the rule of law is endangered if regular litigants fail to observe the most basic principles that protect the independence and quality of justice dispensed by our courts."What is also of concern is that these attorneys are overloaded with work, with some handling as many as 600 matters a year.The Department of Justice must investigate how the state attorney's department is run and how departments use the attorneys' services.Some public institutions take every matter to court, including departmental squabbles that can be managed by human resources departments .Public managers do not have to account to anyone if they litigate and lose in court, and because it's not their money they abuse our courts for their selfish purposes.This behaviour is typified by the SABC's bosses, who defy the structures that monitor and guide them, and litigate on everything.SABC's chief induna, Hlaudi Motsoeneng, is determined to take everyone to court, including those who manage the public broadcaster.When the government hires senior managers it must insist on a litigation budget in their performance agreements.It cannot be open season on litigating, with taxpayers footing the bill for matters that have nothing to do with labour relations and everything to do with egos...

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