Bernard Ngoepe appointed to probe Sassa debacle
The hearing will determine whether, among other things, Bathabile Dlamini will have to cough up money personally for legal costs around the Sassa debacle.
Former Minister of Social Develepment, Bathabile Dlamini. Picture: Johann Hattingh.
It was announced on Wednesday afternoon that Judge Bernard Ngoepe has been appointed to head a probe into the SA Social Security Agency (Sassa) that will require Social Development Minister Bathabile Dlamini to account for the crisis in the department that nearly saw grant recipients not being paid earlier this year.
In June, the Constitutional Court’s Justice Johan Froneman ruled that Dlamini would be given two weeks to explain what her role was in the grants debacle.
It ordered a probe into the matter, which was to be refereed by someone who was still to be appointed.
The court explained in its ruling that the reason public officials could conceivably be made to pay for costs in such matters was because it was important to drive home the point that their actions in positions of great responsibility carry serious consequences, which could affect them personally.
Dlamini is a formerly convicted fraudster who was found to have defrauded the state in the Travelgate scandal.
The ConCourt was dealing with the issue of why the minister should not cough up personally for the legal fees racked up during the social grants crisis. The Constitutional Court ordered Social Development Minister Bathabile Dlamini in March to provide an affidavit explaining why she should not personally pay the costs of her legal fees over the social grants saga.
She filed her affidavit electronically at the end of March. Other affidavits were also filed by former director-general in her department Zane Dangor, who quit his job in protest at Dlamini’s handling of the crisis.
Sassa CEO Thokozani Magwaza was placed on sick leave owing to ill health and stress related to the grants crisis. He alleged publicly that Dlamini intentionally blocked him from reporting back to the Constitutional Court about the payment of grants.
He also filed an affidavit against her and arguing that the matter could not have been his fault since he was only appointed in November.
He has since been, in effect, fired by the minister.
Dlamini had attempted to blame Magwaza, Dangor and other Sassa officials for the crisis.
In March, Dlamini offered an unreserved apology for the anxiety and fear caused about the uncertainty around the payment of social grants.
The ConCourt had earlier ruled that the minister was responsible for the crisis that led to Sassa being unable to give assurances for the payment of about 17 million social grants to poor and vulnerable citizens dependent on government for social assistance on April 1. In its judgment, the court was scathing about her competence.
The court extended Sassa’s contract with service provider Cash Paymaster Services for another 12 months following an application by The Black Sash Trust, which asked the court to resume its supervisory role over the payment of grants. The ConCourt had ruled in 2014 that the contract with CPS was constitutionally invalid.
Dlamini will be called to testify at Ngoepe’s inquiry, and applicant groups the Black Sash and Freedom Under Law will be allowed to cross-examine her.
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