MEC apologises for his 'contempt of court'
from an article published in the Daily Dispatch on 11th april 2008- written by ADRIENNE CARLISLE
SOCIAL Development MEC Sam Kwelita has "apologised profusely" to the Grahamstown High Court for not meeting all the conditions of a court order issued against his department over a year ago.
Kwelita is fighting an application in which a community trust is seeking to have the high court declare him in contempt of court for allegedly consistently failing to pay so- called "place of safety" grants for children placed in care by the children's court.
The SA Community Aids Re-Education Trust , a trust which runs Care House, a children's home in Middelburg, is also asking the Grahamstown High Court to order Social Development Minister Zola Skweyiya to investigate the non-payment of these grants in the Eastern Cape and to report to the court on his findings.
Filing an affidavit in support of an application for a postponement of the contempt application, Kwelita admitted that his department had not met all the requirements of the court order.
In terms of the order, which was made with the agreement of then Social Development MEC Thoko Xasa, he was required to pay all outstanding place of safety grants to Care House as well as to ensure that all future payments in terms of such grants would be made within 20 days of receiving proof of the home being entitled to them.
Place of safety grants are given to institutions such as Care House when the children's court orders that an orphaned child or child in distress be placed there.
The grant amounts to just R12 for each day the child is cared for at the place of safety. Yet in the Eastern Cape, the department has allegedly consistently failed to pay these grants.
In papers before court, the trust alleges that the system governing the payment of place of safety grants in the Eastern Cape is in such a state of disarray that it has "almost completely broken down".
While Kwelita denied that he had acted in contempt of court or that he "wilfully and deliberately defied the authority and dignity of the court", he said he "deeply" regretted that his department had not paid all the money which it was ordered to pay.
He said he was awaiting a full report to find out what had caused the delay. He said he required the postponement in order to respond in full to the court.
According to the Legal Resources Centre in Grahamstown, Eluxolweni in Grahamstown and Lelethu Place in Port Elizabeth have experienced similar problems to Care House.
The MEC is not off the hook despite his apology. Acting Justice Jan Ecksteen postponed the contempt matter to May 29. In the meantime, he ordered the MEC to pay Care House an outstanding sum of R37248 by April 24. He was also ordered to pay the costs of yesterday's court proceedings.
Posted 2nd June 2008