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Latest judgment in social grants case

- Lee-Anne Bruce

Con Court orders that Minister Dlamini be joined to social grants case in personal capacity

Today, the Consitutional Court handed down their latest judgment in the matter brought by the Centre for Applied Legal Studies (CALS) on behalf of the Black Sash Trust against SASSA, the Minister of Social Development and Cash Paymaster Services. The Court has ordered that Minister Bathabile Dlamini be joined to the matter in her personal capacity, but has not ruled on whether she should be personally liable for the costs of the application. This decision is based on the fact that Minister Dlamini did not respond to the allegations in other submissions related to parallel work streams.  

Instead, the Court has ordered that within 14 days all parties must report on whether they agree to a further investigative process in terms of section 38. Parties will be expected to discuss the terms of reference of the inquiry as well as potential referees to guide the process. After 14 days, the Court will then review submissions by the parties and will intervene with directives where agreement cannot be reached.

“This is a prudent decision in light of the contested issues in this case,” says Prof Bonita Meyersfeld, Director of CALS. “We will engage fully in the process as instructed by the Court. Our priority is finding an independent referee with knowledge of both the consitution and government structures and capacity.”

For inquiries, please contact:

Centre for Applied Legal Studies

Black Sash Trust

  • Evashnee Naidoo           
  • Black Sash KZN Regional Manager           
  • 084 430 6133 / 031 301 9215