Dlamini argues against cost order over Sassa
Former social development minister Bathabile Dlamini is questioning whether government officials should be held personally liable for cost orders in legal matters arising from the performance of their discretionary functions in a constitutional democracy.
This is part of Dlamini’s affidavit submitted to the Constitutional Court on why she should not be held personally liable for the costs of the recent South African Social Security Agency (Sassa) matter, in which the apex court once again extended an illegal contract with Cash Paymaster Services (CPS).
The contract for the management of cash payments of social grants to 2.5-million beneficiaries was extended in March for six more months.
The court also ordered that Dlamini and acting Sassa CEO Pearl Bhengu file affidavits motivating why they should not be held personally liable for the agency’s inability to take over the payments.
In an affidavit submitted on Monday, Dlamini said she had acted in good faith and that she should not be held personally liable for the costs. “The legal question, I am advised, is whether it is appropriate for this court to divine remedies neither sought nor expressly provided for in the Constitution because the Constitution talks of accountability not personal liability of political office bearers.”
Dlamini’s assertion came after an inquiry into whether she should be held personally liable for the costs associated with the 2017 social-grant matter. The inquiry was headed by Judge Bernard Ngoepe. In her affidavit, Dlamini said she understood Ngoepe had submitted his report to the court. No finding has yet been announced.
Former Sassa and social development officials have blamed Dlamini for the socialgrants debacle.
Over the past year, Sassa has twice approached the Constitutional Court after the agency failed to put plans in place to take over the administration of social grants.
Dlamini said she accepted that it was her responsibility in her role as minister to ensure that all constitutional obligations were performed diligently and without delay.
She described the steps that were taken to comply with the court’s 2017 judgment, which gave Sassa until April 2018 to put a plan in place to take over the social grant payments.
Sassa had signed a servicelevel agreement with the South African Post Office in December 2017 to make electronic payments. Regarding cash payments, the interministerial committee had agreed that Sassa revert to open tender. The earliest date this could have been done was January 24 2018.
However, in her affidavit Bhengu said Sassa had issued a cash-payment tender on December 8 2017, with the initial closing date as January 9. Due to a request from one of the prospective bidders, the closing date was extended to February 2 and again to February 28 and finally March 12. Due to these delays Sassa had to approach the court for a further six-month extension, Bhengu said.