Cabinet to amend policy to allow state to pay for legal representation for employees, judiciary, executive

Cabinet has agreed to amend a government policy that will allow for state employees, past and present, the judiciary and the executive to receive legal representation paid for by the state to facilitate their appearances at commissions of inquiry and in court proceedings.

It’s been the situation on several occasions that such witnesses have refused to appear before inquiries because they can’t afford their own legal representation.

Earlier in 2025, members of Parliament’s justice committee lambasted state departments that are refusing to provide legal services for apartheid-era employees required to testify in inquests stemming from the Truth and Reconciliation Commission (TRC).

However, Minister in the Presidency Khumbudzo Ntshavheni said if the person requested to appear in a criminal matter is found guilty, they will however have to repay the state.

“The objective was to amend a paragraph to allow the policy to provide for the legal representation of state employees inclusive of former state employees, members of the judiciary and members of the executive following the exercise in performance of their functions in such capacity.”

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