Weekend Argus (Saturday Edition)
Concourt ruling scolds Dlamini over grants debacle
A TOTAL of 17 million South Africans may be guaranteed social grant payments next month, but now attention is focused on Social Development Minister Bathabile Dlamini, and whether President Jacob Zuma and the ANC will allow her to keep her job.
After Justice Johan Froneman delivered the Constituational Court judgment which slammed Dlamini’s lack of leadership in the grants scandal, the ANC called for heads to roll.
ANC spokesperson Zizi Kodwa said the government needed to take tough action against those responsible for the mess, and that it was unacceptable that the crisis had been allowed to happen at all.
He called for action to be taken to prevent it happening again.
ANC chief whip Jackson Mthembu said ANC MPs would ensure that those responsible were held accountable.
The standing committee on public accounts (Scopa) welcomed the Constitutional Court judgment. Scopa chairperson Themba Godi said MPs were looking forward to hearing from Dlamini on why she should not be held personally liable for the debacle.
For the first time, Dlamini apologised yesterday for the grants crisis while at the National Stakeholder Engagement meeting.
However, in a statement later, she described the Constitutional Court judgement – which was so damning of her performance – as a victory for social grant beneficiaries.
Justice Froneman said one of the signature achievements of South Africa’s constitutional dem- ocracy was the establishment of an inclusive and effective programme of social assistance.
“This judgement is, however, not an occasion to celebrate this achievement. To the contrary, it is necessitated by the extraordinary conduct of the minister of social development and the South African Social Security Agency (Sassa) that have placed that achievement in jeopardy. How did this come about?” Justice Froneman said.
The court ordered that the contract between Cash Paymaster Services (CPS) and Sassa be extended for 12 months until another entity other than CPS was able to take over the contract.
Dlamini and Sassa were also ordered to file affidavits every three months to the court explaining how they planned to ensure the payment of social grants after the expiry of the 12-month period.
CPS will have to approach the Treasury for any increase in the price of the contract.
The judgment said that Dlamini had until March 31 to submit an affidavit to argue why she shouldn’t pay the costs of the court application.
Sitting outside court after the judgment was read, Black Sash member and grant recipient Paulina Masigo was relieved.
“I am happy because if I had borrowed money, how was I supposed to pay it back if I wasn’t getting any in April?” Masigo said.
But it is not just the minister who is to blame for the crisis, said constitutional law expert Professor Shadrack Gutto. “The president should do the honourable thing and fire the minister and apologise to South Africans,” he said.
Gutto blamed the cabinet and, in particular, Minister in the Presidency Jeff Radebe for not cracking the whip and ensuring that the ruling of the Constitutional court was upheld.
“Damage has been done here, and we haven’t even measured it yet. Some people were in shock that they wouldn’t receive their grant, who knows some may have even committed suicide?” Gutto said.
The DA’s spokesperson for Social Development, Bridget Masango, said that her party had written to the public protector to investigate Dlamini’s relationship with CPS. Responding to calls from opposition parties to sack her, Zuma said he would not. By last night, the Presidency had yet to comment on the court’s ruling.