SASSA sunk by Minister Bathabile Dlamini
9 May 2018
The Section 38 Inquiry Report released by Judge Bernard Ngoepe on 7 May 2018 confirms the harm caused by Minister Bathabile Dlamini in her previous role of Minister of Social Development to the South African Social Security Agency (SASSA), and potentially to the lives of 17 million grant beneficiaries.
Retired Judge Ngoepe was appointed by the Constitutional Court in August 2017 to inquire and report on the ongoing debacle at SASSA. Specifically, to advise the Court on whether Minister Dlamini had hand-picked advisors to lead work streams that were set up as parallel mechanisms to those within the institution, and which directly undermined institutional efforts in meeting Constitutional Court deadlines.
With hindsight, and the benefit of evidence from two former senior public servants at the Inquiry, it was clear that these work streams were directed to report to the Minister. In fact, they undermined the basis of the Constitutional Court judgment declaring the Department of Social Development's (DSD) contract with service provider, CPS, to be invalid on grounds of irregular tender procedures.
The Constitutional Court's decision to effect a Section 38 Inquiry was not take lightly, this after Minister Dlamini had precipitated a crisis at SASSA. By invoking section 38 of the Superior Courts Act 10 of 2013, the Constitutional Court appointed Judge Ngoepe to serve as a referee and investigate allegations made against the Minister. This, as the Constitutional Court asserted on the grounds that it, “cannot make an order adverse to the Minister’s on the basis of allegations that are untested and which she has not had an opportunity to challenge”. Judge Ngoepe's Report will assist the Court to determine if Minister Dlamini is to be held personally liable for the grants crisis in 2017, which has flowed over into the 2018/19 calendar.