Although Celani Mtetwa's services as Works MEC for KwaZulu-Natal ended on May 31, 2003, the department has continued to pay for security and domestic services at the luxury state-owned home he continues to occupy in Ulundi, spending more than R60 000.
This figure does not include property rates, which have also been borne by the department.
Moves are now afoot to launch an application in the Pietermaritzburg High Court to evict Mtetwa.
Papers before Judge Herbert Msimang in the High Court on Thursday stated that Mtetwa continued to illegally occupy the residence known as "House 13" in the Ulundi parliamentary village although his term as MEC had ended more than four years ago.
He was entitled to occupy the former ministerial home only for one more month after his term ended.
Mtetwa, of the Inkatha Freedom Party, is now an ordinary member of parliament.
It is alleged that he ignored and failed to respond to two notices issued to him by the department to vacate the property within three months from the date of notice.
The first had been issued on July 11, 2005. Another had been issued, "as a courtesy" at the behest of the current MEC, Lydia Johnson, on March 6 in an attempt to avoid incurring unnecessary legal costs and to avoid embarrassment to Mtetwa, it was said.
He was informed in writing in July 2005 that an audit of the department's expenses by the auditor-general had reported on "fruitless and wasteful" expenditure relating to Mtetwa's occupation of the house.
He was also informed of a resolution of the select committee on public accounts that costs relating to the property had been incorrectly paid by the department and were to be recovered.
Miriam Sindisiwe Linda, the General Manager of real estate and professional services at the department, said in her affidavit that the department continued to be financially prejudiced by Mtetwa's occupation.
The department was considering various "avenues of recourse" against Mtetwa to recover the expenses the department had incurred on his behalf.
She said the department continued to pay for security services to the complex where Mtetwa lived and that he continued to receive the benefit of this service despite living in the house illegally.
The department had paid the rates for the property from the end of June 2003 to date.
It had also paid about R15 678 for his electricity, water, sewage and refuse removal and R45 664,85 for domestic services, including payment for his domestic worker.
In terms of an order granted by consent by Judge Msimang, the registrar of the High Court has been authorised to issue a notice to Mtetwa 14 days before a date (that still has to be set) on which an application for his eviction would be instituted by the MEC.
The notice, which is attached to the court papers, sets out the grounds for Mtetwa's proposed eviction and advises him that he may appear in the high court on the date of the eviction hearing to defend the application, or place before the court any circumstances that might render his eviction "unjust or unfair".