ConCourt can't force Dlamini to pay legal costs of Sassa saga, lawyers argue

Former Social Development Minister Bathabile Dlamini does not want to personally cough up for the social grants payment saga.

Last year, the South African Social Security Agency (Sassa) failed to meet a court deadline regarding social grant payments.

Also read: Sassa CEO: 'The situation is bad...but I don't want alarm you'

Dlamini's lawyers argue that a court holding her personally liable for legal costs in cases linked to the Sassa debacle is not Constitutional.

Her lawyers say that the Constitutional Court has no authority to impose a cost order against her. They say it is Parliament's job to hold members of the Executive accountable.

Read more: 'ConCourt is essentially being blackmailed by Sassa'

In a report released following the Sassa inquiry, retired Judge Bernard Ngoepe did not make recommendations about whether Dlamini should personally pay.

Law consultant Ben Winks explains the flaws in the argument made by Dlamini's lawyers.

There is a foundation for saying what Dlamini's representatives have said... but they take it too far.

Ben Winks, Constitutional law expert

According to the separation of powers, the performance of Constitutional and statutory obligations by the Executive must be dealt with by Parliament.

Ben Winks, Constitutional law expert

It's one thing to talk about her responsibility as a minister, but it's another to talk about her responsibility as a litigant.

Ben Winks, Constitutional law expert

The court is well within its right to punish or hold accountable any litigant who abuses the court processses in some way.

Ben Winks, Constitutional law expert

Take a listen to his expert legal opinion:


This article first appeared on CapeTalk : ConCourt can't force Dlamini to pay legal costs of Sassa saga, lawyers argue


Recommended

by NEWSROOM AI
Read More
Sassa CEO: 'The situation is bad...but I don't want alarm you'

Sassa CEO: 'The situation is bad...but I don't want alarm you'

Acting Sassa CEO, Abraham Mahlangu, gives a status update on grant payments.

'3 million people affected by Shabangu's suspension of Sassa tender process'

'3 million people affected by Shabangu's suspension of Sassa tender process'

Black Sash's Lynette Maart says grant recipients in deep rural areas have no bank, ATM or post office close by for cash payments.

Sassa card pilot project lauched in WC with Sapo

Sassa card pilot project lauched in WC with Sapo

A complete roll-out of the new cards is expected to be complete by the end of September.

Old age home manager claims he is entitled to residents' Sassa grants

Old age home manager claims he is entitled to residents' Sassa grants

Bongani Bingwa speaks to DA Gauteng Social Development spokesperson Justus de Goede about the Lodewyk Spies Home in Eersterust.

Sassa card holders to pay monthly R10 bank charge

Sassa card holders to pay monthly R10 bank charge

EWN reporter, Lindsay Dentlinger gives the latest on how Sassa beneficiaries will receive their money.

'ConCourt is essentially being blackmailed by Sassa'

'ConCourt is essentially being blackmailed by Sassa'

FUL's Nicole Fritz weighs in on Sassa's perpetuation of unlawfulness in its application to extend its contract with CPA.

Popular articles
Minister Fikile Mbalula appoints permanent Road Accident Fund board

Minister Fikile Mbalula appoints permanent Road Accident Fund board

Eyewitness News reporter Bonga Dlulane gives details of the new board and the mandate they have been given by the minister.

Jehova Retshepile Wena star Neyi Zimu has passed away

Jehova Retshepile Wena star Neyi Zimu has passed away

The Gospel star succumbed to a long illness on Wednesday night.

There is no Ubuntu in how Khanya Cekeshe has been treated - Thuli Madonsela

There is no Ubuntu in how Khanya Cekeshe has been treated - Thuli Madonsela

Former public protector says the eight-year sentence was too harsh and it shouldn't matter that he was not a Wits student.

[WATCH] Weather forecaster and watch contradicting statement goes viral

[WATCH] Weather forecaster and watch contradicting statement goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Driver assisting a waste reclaimer push trolly up a hill goes viral

[WATCH] Driver assisting a waste reclaimer push trolly up a hill goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

‘South Africans are getting poorer and poorer because of politics’

‘South Africans are getting poorer and poorer because of politics’

SAA is a classic example, says Isaah Mhlanga, Chief Economist at Alexander Forbes Investments.

[VIDEO] People in amusement park thrown off ride in Thailand goes viral

[VIDEO] People in amusement park thrown off ride in Thailand goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Couple dancing in traffic has social media talking

[WATCH] Couple dancing in traffic has social media talking

Khabazela shares tweets and Facebook posts that have gone viral.