News24

Mokonyane lodges complaint with justice dept

2012-01-31 11:46

Johannesburg - Gauteng Premier Nomvula Mokonyane has lodged a formal complaint with the justice ministry after state attorneys allegedly bungled the appeal process against a claim involving a brain-damaged boy, an official said on Tuesday.

Writing in The Star newspaper, the Gauteng provincial government's head of communications, Matlakala Motloung, sought to explain why the premier chose to appeal against a nearly R10m damages claim.

"The truth is that the Office of the State Attorney filed the application for leave to appeal... and were supposed to have applied for a date, and to have filed a record of the high court proceedings within 60 days thereafter.

"The Office of the State Attorney failed to comply with the rules of the court, and the appeal lapsed," wrote Motloung.

The case relates to Prince Sibusiso Khanyi, who was born brain-damaged at the Pholosong Hospital on the East Rand in December 1999.

The South Gauteng High Court in Johannesburg found in February last year that he suffered permanent brain injury because of hospital negligence. It ruled that Mokonyane had to pay his parents, Martha and Simon, nearly R10m in damages.

The payment never materialised, resulting in the sheriff of the court paying a much publicised visit to the premier's office.

Motloung said the provincial government did not know that the appeal had lapsed.

"Premier Nomvula Mokonyane has expressed her displeasure in the manner in which the State Attorneys handled the matter, going as far as lodging a formal complaint with the minister of justice."

The appeal to the Supreme Court of Appeal has since been reinstated, said Motloung.

Comments
  • foxiloxi - 2012-01-31 11:54

    And while this is being appealed, the family of this boy are suffering in desperate circumstances!!! DIsgusting!!

  • Shirley - 2012-01-31 12:03

    The apathy and "I didnt know" excuses are shockingly the norm with officials! Does this mean lack of education,training or they just dont give a damn??? Employ people who can do the CORRECT job and meet your obligations!

  • SarelJBotha - 2012-01-31 12:05

    There should never have been an appeal allowed. When a system of "injustice" is in place, then common sense and morality goes out of the window. Those who caused this should personally be held liable as well.

  • Paulo - 2012-01-31 12:15

    you must neva! you gotta love it-a whole page in a newspaper article to explain why it isn't their fault. Maybe if they just did what they're supposed to the poor kid wouldn't of had brain damage. viva gauteng provincial legislator viva.

  • Barbara - 2012-01-31 12:18

    When an appeal is lodged, everyone knows about it - province, state attorneys et al. Thay can't claim they didn't know about it or that it expired - that is arrogance, incompetence and they are attorneys and know these things. This is another way not to pay the poor victim. The Rule of law must now apply, deny the appeal and pay the victim. Stop the finger pointing and pasisng the busck around the different departments.

  • Michele - 2012-01-31 12:23

    why am I not suprised. everything always seems to come as a bombshell to our dear premier. Perhaps if she and her officials spent more time at the office instead of hobnobbing about town in their official vehicles our province would be better run ?

  • Jymiro - 2012-01-31 12:39

    These appeals by government departments are an abuse of our legal system. No wonder the state attorneys office can not cope with all the appeals. Recently we were told the Min of Police was appealing against the guys who was insulted by the VIP Police. Good that this one was bungled

  • Maliganpa - 2012-01-31 12:45

    Let the premier pays. What are the grounds of appeal against the minor child' claim?

  • Ryan - 2012-01-31 12:54

    The Supreme Court of Appeal MUST turn down the appeal if for no other reason than the STate ATtorneys failed to follow due process? The time lapsed, judgement was passed - the govt MUST abide by the determinations of the court and pay up! They must be taught a lesson - incompentance ("i didn't know" crap) will not be tolerated. Bunch of amatuers and thiefs.

  • kholofelo.theko - 2012-01-31 13:03

    Just pay the family, this amount is far less than the cost of shadow aircrafts.Above all, it's tax payers who are footing this bill, for hospital staff negligence. I hope you did something about the hospital or staff.

  • Gavin - 2012-01-31 13:49

    The only appeal that needs to be made is for this waste of space to get lost. Nomvula mock you aunty why don't you do the planet a favor and dissapear.

  • jannie.beirowski - 2012-01-31 14:07

    According to Motloung the appeal was re-instated. Does this mean any appeal that lapsed can be re-instated? Do different rules apply to state-appeals? This just again shows the rules are there for guidelines, but the state does not have to abide, as these rules will be bent, or even broken to suit them. What are the family-ties of Motloung?

  • eradingoana - 2012-01-31 14:10

    The bad thing is that we will have to fork out the accumulating interest. Believe me Gauteng is following Limpopo in the fall.

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