The Department of Social Development says it has always believed that the Constitutional Court is best placed to deal with the saga regarding social grants and will not oppose a "noble" application brought by lobby group, the Black Sash.
This is despite Social Development Minister Bathabile Dlamini insisting that the South African Social Security Agency (Sassa) withdraw its application to the same court asking for permission to enter into a new contract with the Net1 subsidiary Cash Payment Services (CPS).
Black Sash has approached the court asking it to reinstate its oversight role in the matter.
Beneficiaries required protection from "harmful practices by among others, CPS", the Black Sash said.
The matter is expected to be heard on March15. Department spokeswoman Lumka Oliphant said: "It is important to note that the Department of Social Development and Sassa do not intend to oppose the noble application by the Black Sash, which seeks to essentially protect the rights of the social grant beneficiaries.
"These [rights] relate to the protection of personal data of social grants beneficiaries as well as illegal deductions," Oliphant said.
"The department has always contended the Constitutional Court is best placed to deal with the matter at hand because social assistance in SA is a human right enshrined in the Constitution," she said.
Deputy President Cyril Ramaphosa said on Thursday the government remained confident a solution to the Sassa crisis would be found before the end of March. The issue was being taken care of at the "highest level", Ramaphosa said. Asked whether Dlamini should be fired, Ramaphosa said: "Members of the executive are evaluated by the president on an ongoing basis … it is up to the president … he is the only one who can do so [evaluate her fitness to hold office]."
Chief Justice Mogoeng Mogoeng has instructed Sassa to provide full details of any new contract with CPS.
Mogoeng wants to know who decided that Sassa would be unable to take over the payments of social grants on April 1, as well as when the decision was made and why the Constitutional Court was not informed, among other things.
Oliphant said Dlamini had instructed her department and Sassa to "work around the clock" to provide the information required by the court.
Mogoeng has given lawyers for the department and Sassa until Monday 4pm to provide the information requested by the court.
With Bekezela Phakathi
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