Minister Aaron Motsoaledi on Constitutional Court judgment in respect of personal cost order

1 November 2023

The Minister of Home Affairs (“Minister”) accepts and respects the judgment and order of the highest court in the land in Ex parte Minister of Home Affairs and others: In re Lawyers for Human Rights V Minister of Home Affairs and others.

The Minister and the Director-General will pay the personal costs as ordered by the court. This will happen as soon as the taxed bill of costs is presented by Lawyers for Human Rights.

The Minister welcomes the finding by the Constitutional court of the fact that he was in the dark about the litigation and the shoddy manner in which it was conducted by the officials and legal representatives.

The Minister has never come across a situation in which officials and legal representatives decide to go to court in his name without his knowledge and any consultation with him.

As the court found, these were indeed lapses of extraordinary range and gravity.

Having said that, the Minister accepts that he is ultimately responsible for the fulfilment of the objectives of the Department of Home Affairs and for the actions or failures of all officials serving under him.

He further accepts that he has a higher duty to ensure that court orders are complied with and that officials under him do not repeat a comedy of errors and gross negligence seen in this case.

The Minister will take steps, as he has done before, to ensure effective supervisory role. The judgment put paid to an erroneous belief that the executive authority should play no role in everyday management of the affairs of the Department.

To this end, corrective measures will be taken against all officials involved in this saga.

The Minister fully endorses the finding of the court regarding the conduct of the former legal representatives led by Mr Mike Bofilados SC. They failed in their professional duties by proceeding with litigation without the Minister’s knowledge.

The Minister, in fulfilment of his Constitutional responsibilities will ensure that the fees in the amount of R222 862.60 paid to Mr Bofilados SC, are recovered without any further delay.

The Minister has already prepared the immigration amendment Bill (dealing with section 34 amendments) and it is en route to Cabinet.

Issued by Thabo Mokgola, Spokesperson for the Minister of Home Affairs, 2 November 2023