Black Sash: ConCourt in a difficult position
The non-governmental organisation Black Sash's Advocacy Manager, Elroy Paulus, says the Constitutional Court had to intervene in the social grants debacle, given the history of unemployment and people's inability to help themselves.
Black Sash is at the centre of the court battle and on Wednesday Advocate Geoff Budlender, for Black Sash, told the court the South African Social Security Agency (Sassa) had known for almost a year that it would not be able to pay social grants itself on 1 April.
More than 17 million vulnerable South Africans are waiting to hear if they are going to receive their social grants after the Constitutional Court found in 2014 that the appointment of Cash Paymaster Services was unlawful.
Sassa has asked the court to extend the contract with Cash Paymaster Services for another 18 months.
ALSO READ: Judgment reserved in Sassa case
"The Social Development Minister (Bathabile Dlamini) and Sassa have acted in breach of their constitutional obligations," Budlender submitted during closing arguments.
Speaking to Jacaranda FM News after the Constitutional Court reserved judgement on Wednesday, Paulus said the gravity of this matter is drawing the necessary attention to the plight of one in three South Africans that receive a social grant.
"The waiting of what the Chief Justice has to say in handing down judgment is a critical one. The court has to balance the merits of a contract with the lack of remorse by Minister Bathabile Dlamini," he said.
He added that the court has to ensure that the constitutional mandate is discharged.
"In this case the Constitution tells us that everyone has a right of access to food, health, water and social security.
"So that's where we are, in many ways everyone is sitting on the edge of their seats, waiting for the judgement," he said.