Sassa crisis: Date set for Constitutional Court application

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schumi

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Cape Town – The Constitutional Court application by NGO Black Sash, to ensure grant beneficiaries will be protected come April 1, will be heard on March 15.

The court hearing will take place 16 days before the deadline of March 31.

In April 2014, the Constitutional Court tasked the social development department with taking over payments by March this year, after it was found that there were irregularities in the appointment of Cash Paymaster Services who distributed the grants.

The fate of millions of social grant beneficiaries now hangs in the balance.

"Yes, the court case will take place on 15 March," Bonita Meyersfeld from the Centre for Applied Legal Studies (CALS) told News24.

In February, CLAS, representing Black Sash in the matter, said the South African Social Security Agency (Sassa) has no choice but to negotiate another contract with the current service provider, CPS.

"The Black Sash Trust, is asking the court to ensure that the continued relationship with CPS is based on terms not harmful to, exploitative of, the grant system, its beneficiaries; the personal data of beneficiaries is owned by Sassa; and such data is kept confidential and not used for marketing purposes targeting grant beneficiaries," it said in a statement.

In February, Sassa said they would request the Constitutional Court to extend the March 31 deadline.

Sassa later withdrew their Constitutional Court application.

Deputy President Cyril Ramaphosa promised MPs on Wednesday that the government was addressing the Sassa matter.

"We are going to make sure that the wheels don't come off," he said.

News24
http://www.news24.com/news24/SouthA...for-constitutional-court-application-20170303
 
DA seeks permission to join Sassa ConCourt matter

Johannesburg - The DA has filed an application asking the Constitutional Court to permit it to join the matter currently before the court regarding the SA Social Security Agency's (Sassa) readiness to roll out social grants to 17 million beneficiaries come April 1.

The DA wanted the court to grant the party permission to become a second applicant in a matter lodged earlier this week by human rights group Black Sash, which asked the court to compel both Sassa and Social Development Minister Bathabile Dlamini to ensure that the rights of beneficiaries would be protected when the agency entered into a new contract with service provider Cash Paymaster Services (CPS).

The DA's application would also seek a declaratory order from the court confirming that Dlamini, Sassa's CEO and Sassa itself had violated their constitutional duties.

"We are further seeking a declaration that the minister has violated her oath of office in failing to perform the functions of her office with honour, dignity and to the best of her ability," DA leader Mmusi Maimane said.

The DA made a request to the court that it direct Dlamini and Sassa's CEO to file responding affidavits within 15 days of the court's order explaining:

- What steps were taken by them to comply with the court's order of April 17, 2014;
- When exactly they realised that Sassa would not be in a position to take over from CPS; and
- Whether they at all times kept the National Assembly informed of the true and correct status and progress of the issues raised concerning the payment of social grants after April 1, 2017.

'Uncompetitive' contract

The DA had also applied to have the court direct Sassa's CEO to file a responding affidavit within 15 days of that order, in which he must explain why he should not be held in contempt of the court's order, made on April 17, 2014, it said.


On Tuesday Black Sash expressed its deep concern that the payment of grants may be compromised due to Sassa's failure to ensure that it was ready to take over payment of the grant system by April 1, 2017, or to award a lawful competitive tender timeously, it said.

"The result is that it appears Sassa has no choice but to enter into a further uncompetitive contract with CPS, which may exacerbate the longstanding concern of Black Sash that unlawful deductions are made from grants.

"The emergency situation created demonstrates that the minister of social development does not have adequate oversight over Sassa," it said.

The group said it would request that the Constitutional Court re-establish its oversight over the process of social grant payments, as well as provide milestones and timelines for both Sassa and the department to follow.

"We can only hope to avoid more harm by ensuring that the contract going forward is not negotiated on terms only favourable to CPS and instead protects the constitutional rights of the people it is meant to benefit," it said on Tuesday.

News24
http://www.news24.com/SouthAfrica/News/da-seeks-permission-to-join-sassa-concourt-matter-20170303
 
I'm at a loss here, perhaps someone can and will help me.

How is it possible that SASSA did not, in good time, start and finish a process that catered for this service?
Now, at the eleventh hour its an issue and the contract with the existing supplier will have to be extended, essentially illegally, to ensure that millions of people get their grants?

While the Black Sash may have the peoples interest at heart, all they are interrested in is the grants being paid on time. No matter what cost to anyone else.


Can you just imagine being at the negotiating table (Sassa/provider) with millions of people about to go into revolt because Sassa has not done their jobs?

You can charge whatever you want.

Who is getting rich from this, you just cannot run any business or institution in this manner.
 
Sassa reaches agreement with CPS over social grants

Johannesburg - Sassa, the Department of Social Development and Cash Paymaster Services (CPS) have come to an agreement over a payment plan for 17 million social grant beneficiaries starting from April 1.

The agreement was reached after three days of "intense" negotiation between all three parties, department spokesperson Lumka Oliphant said on Friday night.

Further details about the nature of the agreement would be revealed by Social Development Minister Bathabile Dlamini in due course, Oliphant said.
Click to expand...

http://www.news24.com/SouthAfrica/News/sassa-reaches-agreement-with-cps-over-social-grants-20170303
 
CPS and ANC laughing all the way to the bank?
 
Sneeky said:
CPS and ANC laughing all the way to the bank?
Click to expand...

I hope this deal gets scrutinized by opposition parties and still taken to court! I am 100% sure that there is a snake in the grass.
 
Weblord said:
I hope this deal gets scrutinized by opposition parties and still taken to court! I am 100% sure that there is a snake in the grass.
Click to expand...

It can be scrutinized and found to be totally incorrect/illegal/etc, it really makes no difference.

At the end of the day, the procrastination of SASSA has created this situation as I see it. This in all probability was intentional, if not, it was due to utter incompetence.

At the end of the day, a deal will be renegotiated under duress and the provider will milk it accordingly.

10-20 million people will be paid their grants, the ANC cant afford that not to happen, no matter the cost.
 
Dlamini, Sassa accept responsibility for failure to meet ConCourt deadline

Johannesburg - Social Development Minister Bathabile Dlamini and the South African Social Security Agency (Sassa) have accepted responsibility for failing to put systems in place to ensure the agency would be ready to take over payment distribution to 17 million social grant beneficiaries from April 1.

This was revealed in Sassa's follow up report to the Constitutional Court, which was filed on Thursday and received by the court on Friday.

Sassa, Social Development and Cash Paymaster Services came to an agreement over a payment plan on Friday.

"The minister and Sassa accept responsibility for Sassa's inability to deliver the system deliverables set out in the progress report," the papers read.

The report serves to update the court on what both Sassa and the Department of Social Development have done since they filed their first progress report to the court on November 5, 2015, when they assured the court that they would take over the payment of social grants by March 2017.

In its latest report Sassa told the court that at the time, its officials believed that the plan disclosed to the court was ambitious but that they could implement it.

"The minister and Sassa have since been advised that the plan was overly optimistic, unrealistic and underpinned by insufficient research," the report reads.

Budget constraints, no skilled staff

The agency had received this advice from its technical advisors between August and October 2016, it said.

Both Sassa and Dlamini accepted responsibility for the delays in identifying and redressing the deficiencies in their plan.

The agency said it was not ready to move forward due to budget constraints, insufficient internal capacity and a lack of skilled personnel to implement the plan in the time frame it had contemplated.

Until it was ready to move ahead with the plan, Sassa was advised by the technical advisors in September 2016 to extend its contract with Cash Paymaster Services (CPS) for at least another two to three years, while Sassa transitioned into its new role.

"The minister and Sassa have evaluated each of the options and the associated risks and have concluded that an interim arrangement with CPS is the option with the least risk to ensure the uninterrupted payment of social grants after 31 March 2017, at least at this point," the report reads.

Following the advice, Sassa said it took steps to apply to the Constitutional Court to authorise it to engage CPS about providing services to the agency from April 1, 2017, to March 31, 2018.

Formal discussions delayed

The agency also wanted the court to resume its supervisory jurisdiction over the matter by receiving a further report by no later than 1 October 2017.

However, Dlamini decided against this, the report states. She had been advised that the court could not authorise an extension on any interim agreement with CPS as this would be a new contract.

"The difference of opinions and delays in resolving different views have in turn delayed forging and implementing a clear path since October 2016 when Sassa received legal advice about the above," the report further reads.

This was part of the reason why formal negotiations with CPS were delayed, it says.

"Until recently, there have been only informal discussions between Sassa and CPS, and CPS had advised that it is willing to assist Sassa."

According to the report, negotiations officially began on Wednesday, March 1.

No common ground

Another reason for the delay was the decision by Treasury not to approve Sassa's request last month to deviate from the normal competitive bidding process.

"The letter requested Treasury's support for an extension of the existing contract with CPS to enable a negotiation to appoint CPS for a period of 12 to 18 months after 1 April 2017.

"Treasury did not accept Sassa's explanation for its position, and expressed concern about the perpetuation of unlawfulness and constitutionality in the face of the Constitutional Court's decisions," the report said.

National Treasury told Sassa it would not support the extension of the CPS contract unless the Constitutional Court further extended the suspension of its invalidity beyond March 31, 2017.

"It is also advised that Sassa should have requested a deviation to advertise a new tender for a short period in December 2016 or early January 2017 to avoid a self-created emergency," the report reads.

In recent weeks, Dlamini and Finance Minister Pravin Gordhan have had a number of discussions about the matter, but have not found common ground, the report says.

"The ministers have different views about how to proceed."

However, according to the report, Dlamini is taking into account Gordhan's views and the fact that it may be appropriate for Treasury's view to be an alternative route should it not be possible to reach an interim arrangement with CPS on reasonable terms and for a sufficiently limited period.

Dlamini intended to continue to work co-operatively with Gordhan and Treasury to ensure that the payment of social grants is uninterrupted and legalised as soon as possible, the report reads.

News24
http://www.news24.com/SouthAfrica/News/da-seeks-permission-to-join-sassa-concourt-matter-20170303
 
The agency said it was not ready to move forward due to budget constraints, insufficient internal capacity and a lack of skilled personnel to implement the plan in the time frame it had contemplated.
Click to expand...

Yet, AA and BBEEE is still an important factor to this government.
 
hqdefault.jpg
 
FUL seeks to intervene in Sassa ConCourt case

Cape Town – Freedom Under Law is seeking to intervene in Black Sash’s Constitutional Court application to ensure that grant beneficiaries will still be protected after March 31.

“The security of those dependent on social grants has been recklessly imperilled in a bid to ensure the interim contracting process escapes scrutiny and oversight,” FUL said in a statement on Tuesday.

The court is expected to hear the Black Sash’s application on March 15. It wants the court to force the SA Social Security Agency (Sassa) to negotiate another contract with the current service provider, Cash Paymaster Services (CPS), to ensure grants are distributed.

Due to an urgent situation of Sassa's own making, it had no choice but to do so, Black Sash said.

FUL wants the court to order the disclosure of all documentation relating to the interim contract between Sassa and CPS.

The Constitutional Court declared it invalid in 2014, but suspended its order to allow Sassa to make new arrangements for grants to be paid.

FUL wants the court to prevent CPS from charging more under the interim contract than what it was charging under the 2012 contract.

The interim contract with CPS must be in place no longer than necessary for a tender for the distribution of social grants to be advertised, adjudicated, and awarded.

“A ruling of the highest court of the land, carefully structured so as to best protect the rights and interests of the most vulnerable in our country, has been cynically disregarded,” FUL said, referring to the 2014 ruling.

News24
http://www.news24.com/SouthAfrica/News/ful-seeks-to-intervene-in-sassa-concourt-case-20170307
 
Sassa needs to answer up - ConCourt

Johannesburg - The Constitutional Court on Wednesday directed the SA Social Security Agency (Sassa) to answer a series of questions relating to the payment of grants.

The questions must be answered by Monday. Accompanying affidavits will also have to be supplied.

In papers, date stamped Wednesday, the court asked, among other things, whether Social Development Minister Bathabile Dlamini had any objections to the independent monitoring of any agreement Sassa had entered into with Cash Paymaster Services for the payment of grants from April 1.

If so, the nature of the objections would have to be set out.

The court also asked who the person was that was responsible for determining, on behalf of Sassa, whether the agency would not be able to pay grants by the end of March.

This is a developing story

News24
http://www.news24.com/SouthAfrica/News/sassa-needs-to-answer-up-concourt-20170308
 
ConCourt's stern questions to Sassa over grants

Cape Town – The Constitutional Court has put the South African Social Security Agency (Sassa) and its CEO on the spot with a sternly-worded request for details on when exactly the agency realised it would not be able to pay welfare grants by itself, and would instead renew its contract with Cash Paymaster Services (CPS).

In instructions issued on Wednesday, the court said it wants to know exactly when it dawned on Sassa that it was not going to have its own grants payment system in place by the time CPS' contract expired on March 31, 2017, as promised. It also wants to know who made that call.

"Who was the person responsible for determining on behalf of Sassa whether Sassa itself would not be able to pay the grants by the end of March 2017?" the court papers issued on Wednesday asked.

The answers are required by 16:00 on Monday.

In the request signed by court registrar Kwadi Makgakga, Sassa is asked for:
- "The date when the responsible person on behalf of Sassa first became aware that it would not be able to pay the grants by itself by end March 2017;
- "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;
- "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."

Competitive bidding processes

The court wants to know whether Social Development Minister Bathabile Dlamini was informed and, if so, when.

It also wants to know whether Sassa has entered into any agreement with CPS in relation to the payment of grants from April 1. If so, full details of the agreement are to be sent.

If it is in writing, the court wants to see a copy.

The court wants a breakdown of the steps taken to make sure the agreement is in line with the Constitution and what steps are being taken to make sure it is in line with procurement laws.

The court also wants to know what steps were taken, or are going to be taken, to run a competitive bidding process. It also wants to know what the timelines on this are.

It wants to know exactly what Sassa is doing to make sure it can pay beneficiaries itself, and wants time frames for this.

Suspicions over delay

The court wants to know whether Dlamini has any objections to independent monitoring of these processes, and if so, to send the court a reason for the objections.

Civil rights organisation Black Sash has applied to the Constitutional Court over Sassa not meeting the court's deadline, and to get more information on the CPS contract.

This matter is expected to be heard in an urgent application on March 15, with the DA and Freedom Under Law hoping to be able to join the application amid inferences that there was something suspicious about Sassa not getting ready in time to take over from CPS.

The contract with CPS was found to be invalid in 2014, but the court gave Sassa and its CEO until March 31, 2017, to have a new grants payment system in place.

Sassa filed a report in November 2015 to say it was going take over grants payments and on November 29, 2015, the court withdrew from its oversight role.

News24
http://www.news24.com/SouthAfrica/News/concourts-stern-questions-to-sassa-over-grants-20170308
 
In the words of Russel Peters, "Somebody's going to get a hurting real bad".
 
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