Concourt lets Bathabile Dlamini off the hook

The Constitutional Court on Thursday held that former social development minister Bathabile Dlamini should not be held personally liable to pay costs for an application to extend an invalid cash grant payments contract.

The apex court ruled in February that‚ for a period of six months from April 1‚ Sassa and Cash Paymaster Services (CPS) were under an obligation to ensure payments were made to social grant beneficiaries who are paid in cash.

The court had also said a declaration of invalidity of the contract between Sassa and CPS‚ in relation to these cash payments‚ was suspended for six months from April 1.

Dlamini and then acting Sassa CEO Pearl Bhengu were ordered to indicate why they should not be held personally liable for the legal costs of the application for an extension.

Bhengu had approached the Constitutional Court on an urgent basis in February 2018‚ asking it to extend the invalid grant payments contract between Sassa and CPS for a further six months.

The requested extension was limited to the part of the contract dealing with the provision of cash payments.

The reason for an extension was that Sassa had not concluded a tender process to select a cash payment provider.

Giving reasons for the order in February‚ the Constitutional Court said on Thursday the question in respect of Dlamini and Bhengu was whether they had acted in bad faith or were grossly negligent in conducting the litigation.

In a unanimous judgment written by justice Chris Jafta‚ he said it was evident that Dlamini did not apply an effective supervisory role‚ particularly after it had come to her attention that Sassa had failed to comply with previous orders.

Jafta said although the minister revealed that she deferred to an inter-ministerial committee on comprehensive social security, it was clear that the duty to give direction was imposed on the minister.

“The minister’s deference to the committee was mistaken. That is not sufficient to conclude that it constitutes bad faith or gross negligence.”

Jafta also said that Bhengu should also not pay costs in her personal capacity.

He did, however, order Sassa and Bhengu‚ in her official capacity‚ to pay the costs of the application for the invalid contract extension.