CONSTITUTIONAL COURT OF SOUTH AFRICA

Case CCT 48/13

In the matter between:

ALLPAY CONSOLIDATED INVESTMENT HOLDINGS (PTY) LIMITED - First Applicant

ALLPAY FREE STATE (PTY) LIMITED - Second Applicant

ALLPAY WESTERN CAPE (PTY) LIMITED - Third Applicant

ALLPAY GAUTENG (PTY) LIMITED - Fourth Applicant

ALLPAY EASTERN CAPE (PTY) LIMITED - Fifth Applicant

ALLPAY KWAZULU NATAL (PTY) LIMITED - Sixth Applicant

ALLPAY MPUMALANGA (PTY) LIMITED - Seventh Applicant

ALLPAY LIMPOPO (PTY) LIMITED - Eighth Applicant

ALLPAY NORTH WEST (PTY) LIMITED – Ninth Applicant

ALLPAY NORTHERN CAPE (PTY) LIMITED – Tenth Applicant

MICAWBER 851(PTY) LIMITED – Eleventh Applicant

MICAWBER 852 (PTY) LIMITED – Twelth Applicant

MICAWBER 853 (PTY) LIMITED – Thirteenth Applicant

MICAWBER 854 (PTY) LIMITED – Fourteenth Applicant

and

THE CHIEF EXECUTIVE OFFICER OF THE SOUTH AFRICAN SOCIAL SECURITY AGENCY - First Respondent

THE SOUTH AFRICAN SOCIAL SECURITY AGENCY - Second Respondent

EZIDLUBHEDU INVESTMENT HOLDINGS (PTY) LIMITED - Fourth Respondent

FLASH SAVINGS AND CREDIT COOPERATIVE - Fifth Respondent

ENLIGHTENED SECURITY FORCE (PTY) LIMITED - Sixth Respondent

MOBA COMM (PTY) LIMITED - Seventh Respondent

EMPILWENI PAYOUT SERVICES (PTY) LIMITED - Eighth Respondent

PENSION MANAGEMENT (PTY) LIMITED - - Ninth Respondent

MASINGITA FINANCIAL SERVICES (PTY) LIMITED - Tenth Respondent

THE SOUTH AFRICAN POST OFFICE - Eleventh Respondent

ROMAN PROTECTION SOLUTIONS CC - Twelfth Respondent

UBANK LIMITED AFRICAN RENAISSANCE INVESTMENT - Thirteenth Respondent

MANAGEMENT (PTY) LIMITED - Fourteenth Respondent

STANDARD BANK GROUP LIMITED - Fifteenth Respondent

NEW SOLUTIONS (PTY) LIMITED - Sixteenth Respondent

ITHALA LIMITED - Seventeenth Respondent

KTS TECHNOLOGY SOLUTIONS CONSORTIUM - Eighteenth Respondent

THE SOUTH AFRICAN RESERVE BANK - Nineteenth Respondent

THE PAYMENT ASSOCIATION OF SOUTH AFRICA - Twentieth Respondent

DIRECTIONS DATED 8 MARCH 2017

In light of the First and Second Respondents' follow-up report filed on 3 March 2017 and the South African Social Security Agency's (SASSA) preparedness to provide any further infonnation, supporting documentation or elaboration in relation to the report, the Chief Justice has issued the following directions:

I . In view of the fact that this Court's order of 25 November 2015, discharging its supervisory jurisdiction, was based on SASSA's decision not to award a new contract and on SASSA's progress report of 5 November 2015 setting out the information relating to its own ability to assume paying the grants at the end of March 2017, the following information is required:

(a) Who was the person responsible for determining on behalf of SASSA whether SASSA itself would not be able to pay the grants by end of March 2017?

(b) The date when the responsible person on behalf of SASSA first became aware that it would not be able to pay the grants itself by end March 2017;

(c) The exact dates when the responsible person on behalf of SASSA became aware that the respective time frames set out in paragraph 13 of its progress report to the Court could not be fulfilled;

(d)  The reason why this Court was not immediately informed of this fact and who made the decision that it was not necessary to do so;

(e) Whether the Minister was infonned that SASSA would not be able to pay the grants itself by end of March 2017 and, if so, when this happened .

2. In relation to the legal opinion attached to the follow-up report and SASSA's assertion that it has taken steps to act on the advice contained in it, as well as SASSA's intended course of action, the following information is required:

(a) Has SASSA entered into any agreement with Cash Paymaster Services (Pty) Limited (CPS) in relation to the payment of grants from l April 2017?

(b) If so, full details of the agreement are required. If in writing, a copy is required;

(c) Is it SASSA's contention that this agreement is lawful and in compliance with the procurement requirements of the Constitution and applicable legislation? Full details are required of the steps taken in compliance with applicable procurement legislation.

(d) Full details are required of the steps taken, or envisaged, to run a competitive bidding process again to have a new contractor or contractors appointed for the payment of grants, and the exact timeframe within which this will occur.

(e) Full details are required of the steps to be taken to ensure that SASSA itself will become capable of administering and paying the grants in future, and the exact timeframe within which this will occur.

3. In view of the Minister' s and SASSA's acceptance of responsibility for delays in identifying and redressing deficiencies in the plan since the last report to the Court on 5 November 2015 to date, the following information is required:

(a) Do SASSA and/or the Minister have any objection to independent monitoring of any agreement SASSA may have entered into with CPS for the payment of grants from 1 April 2017?

(b) If so, the content and nature of the objections must be set out;

(c) Do SASSA and/or the Minister have any objection to independent monitoring of the steps taken or envisaged to run, agam, a competitive bidding process to have a new contractor or contractors appointed for the payment of grants?

(d) If so, the content and nature of the objections must be set out;

(e) Do SASSA and/or the Minister have any objection to independent monitoring of the steps to be taken to ensure that SASSA itself will become capable of administering and paying the grants in future?

(f) If so, the content and nature of the objections must be set out;

(g) If SASSA and/or the Minister do not have objections to independent monitoring in relation to any or all of these processes, they are invited to propose practical measures as to how and by whom the independent monitoring may be done.

4. The information in 1-3 above must be submitted with accompanying affidaev:its;by;nio latmeratyhan 16h00 Monday 13 March 2017.

MR KGWADI MAKGAKGA

REGISTRAR CONSTITUTIONAL COURT

TO: TIM SUKAZI INC

Attorneys for the First and Second Applicants Sandton Close 2, Block A, 2nd Floor

Corner of 5th and Norwich Close

JOHANNESBURG

Tel: (011) 911 4100

Fax: (011) 783 3537

AND TO: SMIT SEWGOOLAM INC.

Attorneys for the First Respondent 12 Avonwold Road

Saxonwold JOHANNESBURG Tel: 011 646 0006

Fax: 011 646 0016

Ref: T Jonker

AND TO: MINISTER OF FINANCE

Second Respondent 40 Church Street PRETORIA

AND TO: NATIONAL TREASURY

Third Respondent 40 Church Street PRETORIA

AND TO: NORTONS INC

Attorneys for Allpay 135 Daisy Street Sandton JOHANNESBURG Tel: 011 666 7560

Fax: 086 600 5529

Ref: A Norton I A Roets

AND TO:NORTON ROSE FULBRIGHT SOUTH AFRICA

Attorneys for the South African Reserve Bank and the Payment Association of South Africa

15 Alice Lane Sandton JOHANNESBURG Tel: 011 685 8500

Fax: 011 301 3200

Ref: SRB46 / Ms M van der Westhuizen I Mr M Clark

AND TO: VAN HULSTEYNS ATTORNEYS

Attorneys for the First Amicus Curiae 3rd Floor

Sandton City Office Tower 158 Fifth Street

Sandton JOHANNESBURG Tel: 011 523 5300

Fax: 011 523 5326

Ref: A Legg I D Raath

AND TO: LEGAL RESOURCES CENTRE

Attorneys for the Centre of Child Law Constitutional Litigation Unit

16th Floor

Bram Fischer House 20 Albert Street