The Constitutional Court has found itself in a difficult position where it may have to make a decision about possibly extending the Cash Paymaster Services (CPS) contract that it declared invalid and unconstitutional in 2014.
Arguments on constitutional duties and oversight responsibility during implementation and negotiation of a new or extended contract were raised by parties involved on the social grants debacle.
The ConCourt is expected to make a ruling, possibly this week, as the current contract between CPS and the South Africa Social Security Agency (Sassa) expires in two weeks.
Constitutional law expert and director of the Centre for Constitutional Rights, Phephelaphi Dube, anticipates a contempt of court order against individuals behind the saga.
I think the court may come to a pragmatic decision, but I don't think the pragmatism will throw away issues of justice, fairness, equitability out the window.— Phephelaphi Dube, constitutional law expert
If the contract is allowed to remain in place, I don't think CPS will be allowed to make the same profits they have made.— Phephelaphi Dube, constitutional law expert
The court may very well, by today or tomorrow, issue an order perhaps saying CPS should continue with grants, but on a limited basis, and on the basis in which the court will maintain jurisdiction over that particular contract.— Phephelaphi Dube, constitutional law expert
But I think it will an the order without reasons. The reasons might transpire at a later stage.— Phephelaphi Dube, constitutional law expert
Listen to the audio below for more analysis...
This article first appeared on 702 : Analysis: What can be expected from ConCourt ruling on social grants