The cost of defending legal cases laid against the Department of Correctional Services (DCS) exceeds R50 million per year.
The department’s portfolio committee heard last week that more than 1 500 legal cases had been filed against the department so far this financial year.
Complainants were most often inmates reporting crimes occurring in prison, with the DCS obliged to ensure the safety of those held in correctional facilities.
The committee meeting was held behind closed doors as it also contained information relating to the department’s gang management strategy.
Increase in legal claims: R8.9m for one rape claim
Cases against the department have gradually risen in recent financial years, growing from 1Â 279 in 2023-24 to 1Â 455 in 2024-25 and 1Â 541 in 2025-26 so far.
In this financial year, claims included 506 assault cases, 526 unlawful detentions and 106 rape claims.
The last 70 claims finalised against the department resulted in R25.6 million in settlements with complainants.
This includes R8.9 million paid out for one rape claim, R2.2 million on 14 assault cases, R1.6 million for three cases of injury sustained in prison and R8 760 on one unlawful detention case.
The department did not specify the details of the complainants, the rulings or in which cases the complainants were inmates or members of the public.
A request for clarification on the complainant in the R8.9 million rape claim was sought from DCS and that information will be added if forthcoming.
Legal fees were mounting, with R54 million spent on legal fees for the 2025-26 financial year as of the end of January.
This is more than the previous expenditure, which cost the department R52 million in each of the last two financial years.
Above: Recent amounts paid by DCS after litigation claims. Picture: DCS.
Increase in unlawful arrest claims
To limit legal costs, DCS suggested prioritising out-of-court settlements when the department had no reasonable defence and only using junior lawyers for cases.
The department noted an increase in unlawful detention claims, but also noted an administrative distinction that was distorting the numbers.
“Illegal foreign nationals who are remanded in terms of section 34 of the Immigration Act from the court are detained at correctional facilities. As such, when they sue for unlawful detention, they sue the DCS and not Home Affairs as the responsible entity for their detention.
“Further, the prolonged incarceration of such illegal foreigners exposes the DCS to the risk of further claims associated with such detentions, such as assault and rape,” the department stated.
DCS complained that the state attorneys responsible for defending it were also falling short of expectations, adding millions to the department’s tab. Â
State attorney friction
In gauging the losses suffered due to state attorney failures, DCS said R6.3 million had been lost in 24 cases since May 2024.
Among the challenges DCS highlighted with state attorneys were the late filing of papers, the late filing of pleas, and counsel not being informed of set-down dates.
Additionally, appeal and review applications were not being carried out, with courts taking an unfavourable view.
“Condonation applications are generally refused as courts don’t accept the state attorney’s internal processes as a valid reason for failure to comply with court timeframes, thus, collapsing the entire case,” the department’s presentation stated.
However, the department admitted that non-payment of legal representatives was a problem, noting that R24 million of legal invoices were outstanding due to insufficient funds.
“The committee resolved to invite the State Attorney General to appear before the committee again for a follow-up engagement on the details of cases it is handling on behalf of the DCS, and the associated costs,” the committee concluded.
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