Black Sash: SASSA has known for a year it won't be able to pay
Non-governmental organisation Black Sash has delivered its argument in their urgent application to seek reinstatement of the oversight role of the Constitutional Court for the payment of social grants.
Black Sash is at the centre of the Constitutional Court battle relating to the payment of grants by the South African Social Security Agency (SASSA).
Advocate Geoff Budlender, for Black Sash, told the court that SASSA has known for almost a year that it would not be able to pay social grants to 17 million beneficiaries itself when their contract with Cash Paymaster Services (CPS) comes to and end on 31 March 2017.
"Social Development Minister Bathabile Dlamini says that she has known since October 2016 that SASSA will not be able to pay the grants itself, but the court still does not know - and the beneficiaries still do not know - what will happen after 31 March," said Budlender.
Budlender said they brought the application to ensure that there is effective oversight in respect of payments after the 31 March, to ensure the current situation does not arise again, to ensure that CPS is held to its constitutional obligations, and to protect beneficiaries against the abuse of their personal information.
"Anyone who is not anxious about the situation which the minister and SASSA have created is simply not paying attention," said Budlender.
Budlender said Minister Dlamini must take responsibility for the crisis.
"The payment of social grants is the minister's most important responsibility. She claims that she was kept in the dark for six months about the fact that SASSA would not be able to pay the grants. With due respect, that is simply incomprehensible. Ministers who do their jobs have regular meetings with their heads of departments and with the heads of agencies for which they are responsible. They find out what is happening," said Budlender.
When asked by Chief Justice Mogoeng Mogoeng whether Black Sash wants SASSA's contract with CPS to be authorised, he made it clear that they did not.
"We don't ask the court to authorise or sanction a contract. There is no relief of such a current which is sought and, with respect, it's rather doubtful if the court would have such a power. It would be a very unusual power," said Budlender.
Budlender said they are asking that the court issue an order saying to SASSA that whatever contract is issued, supervisory jurisdiction will be exercised over its implementation.
"We ask the court to review the contract to the extent that it is necessary, but more importantly, we ask the court to exercise jurisdiction over its implementation so that we don't have the same problem that has arisen under the present contract," said Budlender.
Budlender said the system of social grants is something South Africa can be proud of, but the painful truth is that the executive failed to carry out its duties in giving effect to this excellent scheme.
"The painful truth is that although parliament has made some effort, it has failed to exercise effective oversight over what the executive has done. You read those minutes of those meetings and you don't see the minister or SASSA finally being called to order and to account properly," said Budlender.