Statement on Black Sash Trust v Minister of Social Development and Others Expert Panel Report
Freedom Under Law (FUL) notes with alarm the report by the expert panel appointed by the Constitutional Court to monitor the transition to a new social grants payment system. The panel records that the South African Social Security Agency (SASSA) has repeatedly failed to provide the panel with the information it requires in order to discharge its mandate.
This week’s announcement that the Minister of Social Development has authorised an offer to the South African Post Office (SAPO) for it to make payment of social grants confirms that SAPO is likely to be appointed. But the expert panel’s report reveals that it had seen no evidence of a proper evaluation of the merits of such an appointment. In fact, the panel indicates that there are significant risks associated with the appointment and there is nothing to suggest that any efforts have been made to mitigate such risks.
Moreover, the absence of information as to the due diligence undertaken in respect of SAPO suggests that there has been no identification of what other service providers will need to appointed. Accordingly, without again deviating from normal tender processes, there now isn’t enough time to appoint suitable service providers before the CPS contract expires on 31 March 2018.
What the expert report makes resoundingly clear is that the Minister’s statement earlier this week that she, the Department and SASSA have been hard at work trying to find the best solution for the payment of social grants cannot be accepted. It could only have been uttered with the greatest insincerity and contempt. Contempt for the millions of grant recipients, the most vulnerable of our population, whose livelihoods are again being put at risk.
Contempt for our constitutional order which in all probability will face yet another social grants crisis. And contempt for the highest court in our land which put in place a specially crafted oversight regime to cure such crisis but which is now being flagrantly disregarded.
Statement issued by FUL, 21 October 2017
