Dlamini still in the dog box for SASSA-gate

Minister of women in the Presidency, Bathabile Dlamini. [Photo source: GCIS]

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While a social grants catastrophe was averted, former social development minister Bathabile Dlamini is not out of trouble yet for her role in the payments debacle.

While Dlamini pleaded innocence as the social grants crisis unfolded, she must still convince the Constitutional Court (ConCourt) that she should not be held personally liable for the legal costs in the payments matter.

This year, there were fears once again that the most vulnerable South Africans would not receive their grants on 1 April. However, last month, the ConCourt granted the extension of the Cash Payments Services (CPS) contract with the South African Social Security Agency (SASSA) for another six months.

The court's decision was based on a request made by SASSA to have the contract extended after the agency again failed to come up with an alternative grants payment plan.

In extending the contract once more, CPS continues to help SASSA distribute payments to social grant beneficiaries. Using vehicles equipped with biometrics, the Net1 subsidiary distributes payments to the 2.8 million recipients at pay points.

Business Day reports that Dlamini this week submitted an affidavit to the ConCourt pleading her innocence in the social grants matter.

According to the newspaper, the minister is "questioning whether it is appropriate in a constitutional democracy to hold government officials, who are performing their discretionary functions, personally liable for cost orders in legal matters".

Business Day quoted Dlamini's affidavit: "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.

"SASSA was left with very little time to run a competitive and compliant bidding process to find a service provider for cash payment services to social grants beneficiaries. The application for extension therefore became necessary," it continued.

Dlamini is regarded as one of the ministers that grossly underperformed in their portfolios. She has received widespread criticism for failing to be in control of the core function within her portfolio and not appointing a new social grants distributor when the CPS contract ended. She has since been appointed as minister of women in the Presidency.

Meanwhile, this week, it was also reported that Dlamini's axed adviser, Sipho Shezi, is suing the social development department for R1.1 million.

Shezi, former SASSA CEO Thokozani Magwaza and social development department DG Zane Dangor have all placed blame for the social grants crisis at Dlamini's feet.

According to reports, Shezi filed an application with the High Court in Pretoria concerning his dismissal as Dlamini's adviser. He was fired by the former social grants minister last April.

A Business Day report notes the matter is expected to be heard on Thursday.