Johannesburg - Social Development Minister Bathabile Dlamini has for the third time missed a Constitutional Court deadline over the social grants tender bungle.
Dlamini was supposed to file papers at the court by 4pm yesterday, explaining why she should not be held personally liable for legal costs in the case between the SA Social Security Agency (Sassa) and Freedom Under Law. But when the court registrar locked the court’s doors at 4.15pm on Friday, Dlamini’s affidavit had not been filed.
Chief Justice Mogoeng Mogoeng's spokesperson, Nathi Mncube, confirmed Dlamini had missed yet another deadline on Friday. “By the time we all went home at 4.30pm, we had still not received anything.”
Last month, Dlamini missed the Concourt’s deadline on a directive to provide answers as to why she and her department had not approached the court earlier to explain their non-readiness to pay the grants by April 1, and to provide clarity as to who was responsible for the crisis. Also last month, she missed another deadline to explain why she had filed her answers late.
Dlamini claimed, however, that the affidavit was filed electronically on time but that the 140-page document had bounced back, because the files were too large. “Twenty-six copies of the same had to be hand delivered to be filed at court. The court could not accept the filing without confirmation of the electronic service,” spokesperson Lumka Oliphant said.
“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,” she added.
During a Constitutional Court judgment last month, the court, after slamming Dlamini and the department,extended the contract between Sassa and Cash Paymaster Service for a year. It ordered Dlamini and Sassa to report to the court to give and update on the progress.
In papers, Dlamini apologised for the “anxiety” caused to grant recipients who thought their money would not be paid on time. She further tries to show that other senior officials in the department, and not her, were at fault.
She said she realised in April last year that they would not meet the deadline, and that Sassa chief executive Thokozani Magwaza, as well head of corporate services Dumisile Ndlovu, and payment transition project manager, Zodwa Mvulane, had sought legal advice on what recourse to get from the court. They were advised to approach the court but this was not done.
In her plea to not pay the costs out of her pocket, she said there was no “wilful intent” on her part to not abide by court declarations.
“I therefore respectfully submit that I ought not be joined in these proceedings, nor should I be ordered to pay the costs of this litigation out of own pocket.”
DA spokesperson on social development Bridget Masango said Dlamini had “once again shown her contempt for the authority of the courts and for the responsibility she had over the social grant crisis which put at risk 17 million vulnerable South Africans”.
Masango said Dlamini “bungled” the process of procuring a new service provider. She said there was nothing untoward in the court ordering Dlamini to explain why she should be held personally liable for the costs.