UPDATE: Bathabile Dlamini files papers with ConCourt electronically

It was reported on Friday night that Social Development Minister Bathabile Dlamini filed her court papers to the Constitutional Court electronically after it was initially reported that she had missed the deadline to do so.

The deadline was Friday for her to file a response with the Constitutional Court explaining why she should not personally pay the costs of her legal fees over the social grants saga.

Her department confirmed that she had filed her affidavit electronically.

African News Agency reports that Dlamini’s attorneys electronically served the 140-page affidavit to the Constitutional Court as per the court’s order before 4pm on Friday.

“Twenty-six copies of the same had to be hand delivered so as to be filed at Court. The Court could not accept the filing without confirmation of the electronic service. Unfortunately due to the large size of the file some of the electronic service bounced back and all parties could not be served before 4pm. The electronic service has now been effected to all the parties,” Government Communication and Information System (GCIS) said in a statement.

“As for the Minister, she has done the affidavit as per the Court order and the Court was copied in the electronic service. The attorneys will make a condonation application to court on Monday.”

The court ordered Dlamini to explain why she should not be held personally liable and pay the costs from her own pocket for the Sassa payment crisis.

On March 26, the social development department and the South African Social Security Agency (Sassa) said it was “all systems go” for the payment of social grants to about 17 million recipients on April 1.

The department and Sassa “wishes to inform South Africans, especially social grants recipients, that all is on track for the payment of grants” from April 1. Dlamini “would like to reassure all qualifying beneficiaries that they will receive their money as per normal”, the department said in a statement at the time.

“As recipients of social grants are aware our payments are made at various channels including merchants, points of sale, banks, ATMs, and Sassa pay points.”

However, because April 1 was a Saturday, Sassa pay points would not open, as in all occasions when the grants payments date fell over a weekend. Special focus and provision would be made for the busiest merchants and ATMs around the country and regional executive managers would be deployed to monitor and assist beneficiaries with enquiries.

On April 3, Sassa pay points would operate as normal and recipients were encouraged to go on their respective days and to respective pay points as indicated on the slips they received last month. Teams of managers would also be deployed to provide assistance at the pay points, the department said.

At the time, Dlamini reiterated her unreserved apology for the anxiety and fear caused about the uncertainty around the payment of social grants. She expressed her gratitude in advance for the patience and co-operation of South Africans, especially the beneficiaries of social grants, the department said.

Earlier this month, the ConCourt ruled that the minister was responsible for the crisis that led to the South African Social Security Agency (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.

The court extended Sassa’s contract with service provider Cash Paymaster Services (CPS) 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.

– Additional reporting by African News Agency