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:


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
CT council to decide on charging De Lille following new forensic report

CT council to decide on charging De Lille following new forensic report

The Bowman Gilfillan report, yet to be made public, found that De Lille allegedly failed to report tender corruption to council.

Magashule has never taken responsibility for anything says Mxolisi Dukwana

Magashule has never taken responsibility for anything says Mxolisi Dukwana

Dukwana accuses Magasshule of taking him to Saxonwold and asking him to sign a project over to the Guptas for R2 million a month.

Judge in Omotoso case dismisses defence application to recuse himself

Judge in Omotoso case dismisses defence application to recuse himself

Judge Mandela Makaula has dismissed the defence application saying it has no merit.

Lebelo's lawyer refuses to give evidence at Nugent Commission

Lebelo's lawyer refuses to give evidence at Nugent Commission

EWN Reporter Barry Bateman gives the latest on what is happening at the Nugent Commission of Inquiry into Sars.

Khayelitsha fire victims should get same help as Knysna says Sizwe Mpofu-Walsh

Khayelitsha fire victims should get same help as Knysna says Sizwe Mpofu-Walsh

Sizwe Mpofu-Walsh and callers discuss ways that corporate SA should help displaced Khayelitsha fire victims in Cape Town.

3 emergency numbers you should have on speed dial and how they work

3 emergency numbers you should have on speed dial and how they work

These are the emergency numbers you should have on your cellphone and this is what you must understand about how they work.