Dlamini takes a hammering from all sides

Social Development Minister Bathabile Dlamini was on the ropes yesterday as the country's top judge hammered her and the ANC appeared to call for her to face the music.

The ANC yesterday called for "consequence management" of all government officials, regardless of their seniority, who failed to do their jobs so "unnecessary anxiety" caused by the social grant fiasco could be avoided.

Chief Justice Mogoeng Mogoeng laid into the SA Social Security Agency and Dlamini's department during the hearing of an urgent Black Sash application for the Constitutional Court to take an oversight role in the payment of social grants.

• A very bad day in courtFrustration, bold promises and compromise characterised the proceedings in the Constitutional Court yesterday as a panel of top judges tried to get to the bottom of how the social grants mess happened - and how to fix it. 

"You can't just say you were remiss. It is what she is the minister for - to make sure that beneficiaries receive their benefits," Mogoeng said to advocate Andrew Breitenbach SC, representing the department and Sassa. He said the court could not understand the minister's behaviour in the context of a previous court order relating to the grants contract.

That was "embarrassing enough", said Mogoeng. "For you to not follow up now, or spend sleepless nights ensuring this will not repeat itself, is difficult for any of us to understand."

• State must take over social grants payments - and be accountable for it‚ says ANC's Zweli MkhizeGovernment needs to come up with a solution to take over the social grants payment process. 

ANC national spokesman Zizi Kodwa said while he did not want to pre-empt the court's decision, the government should act against those involved.

"It's important that there be consequence management. The entire country is held hostage by one company. That cannot be allowed. But the court is the final arbiter.

• Judges 1‚ lawyers 0: Highlights of a bruising day in the ConCourtAdvocate Andrew Breitenbach SC‚ representing embattled social development minister Bathabile Dlamini and the SA Social Security Agency (Sassa)‚ is unlikely to look back on Wednesday March 15 as the highlight of his legal career. 

"No person is above the law. Those who should have acted but did not, regardless of their position, must be dealt with," said Kodwa.

"What was done or not done to bring us to this unnecessary level of anxiety and panic among the vulnerable in society? The situation could have been avoided. It could have been dealt with better," Kodwa said.

• There's still time to pay grants by April 1‚ but only just: CPS bossCash Paymaster Services (CPS) CEO Serge Belamant attended the Constitutional Court case brought by Black Sash to ensure social grants are paid on April 1 and hopes there will be a judgment on Thursday. 

His comments added to increasing criticism of Dlamini from within the ANC after the ANC Youth League in KwaZulu-Natal said on Tuesday it would ditch Dlamini if the Constitutional Court found her responsible for the grants crisis.

"We support absolutely no one involved in this mess, including the minister, if she's responsible," said ANCYL provincial secretary Thanduxolo Sabelo.

• CPS should not make any profit from new grants contract: Freedom Under LawThe assertion by Cash Paymaster Services (CPS) that it will behave “reasonably” when in a new contract with the SA Social Security Agency (Sassa)‚ is vague‚ Freedom Under Law (FUL) told the Constitutional Court on Wednesday afternoon. 

SACP spokesman Alex Mashilo said: "Our view is that a holistic investigation must get to the bottom of how we got to this point. This contract was awarded illegally. We must investigate that."

Dlamini still has the support of the ANC Women's league, of which she is president.

- Additional reporting, Kyle Cowan