Minister may be told to pay legal costs
Dlamini ‘failed to do her job’
THE Constitutional court has asked why Social Development Minister Bathabile Dlamini should not pay legal costs.
Chief Justice Mogoeng Mogoeng had strong words for Dlamini‚ suggesting “absolute incompetence” and saying she did not do her job by not finding out that SA Social Security Agency (Sassa) could not pay grants sooner.
Sassa told the court it would do so in November 2015 and the minister alleges she didn’t know for six months from April to October 2016 that Sassa wasn’t ready to pay 11 million people 17 million grants.
The court has suggested she should have been more involved‚ asking Sassa to report monthly.
After hours of argument‚ Chief Justice Mogoeng Mogoeng had one critical question for Andrew Breitenbach SC, representing the department: “How does one get to this position? I genuinely want to understand how we get to this level … that can be characterised as absolute incompetence,” Mogoeng said.
Earlier‚ the court had been asked to consider whether Dlamini should be held personally responsible and pay legal costs in the grants case.
This was after the court heard of a failure of parliament and Dlamini to avert a situation that has placed the lives of 11 million South Africans in limbo.
Yesterday, the Constitutional Court heard arguments in a case brought by NGO Black Sash aimed at determining how social grant payments should be handled from April 1. This is after a 2014 judgment declaring the contract between Sassa and Cash Paymaster Services (CPS) invalid. The contract was allowed to continue on the understanding that Sassa would create an in-house grants payment service.
A crisis arose when it became clear that the Sassa system would not be created and no replacement administrator was found.
Advocate Geoff Budlender‚ representing Black Sash‚ noted that the court was in the same position as three years ago when it ruled the current CPS contract was invalid.
Budlender said approaching the court was the “last resort” to ensure the poor would not go hungry after both government estates had failed to ensure a legal system was in place to pay grants by April.
“The painful truth is that executive failed to meet obligations. And the painful truth is that parliament has failed to exercise oversight.”
He said Sassa knew in April last year it couldn’t pay the grants and he found it inconceivable that Dlamini didn’t know until October.
Her ignorance was enough to show she couldn’t do her job and the court had to intervene.
Lobby group Freedom Under Law (FUL) detailed how CPS used its power to bully Sassa and Dlamini. FUL advocate David Unterhalter SC argued that CPS should make no money at all if they continue to pay grants in the interim. FUL have asked that the court get involved in determining the costs of a contract and the length. Unterhalter also argued that CPS had a constitutional obligation to continue paying grants. The court heard that CPS asked for R25 per beneficiary if the contract was renewed for 90 days and R22 if it was renewed for two years‚ up from R16.44 per grant beneficiary. The case continues. — TMG