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 @TY) LIMITED Ninth Applicant ALLPAY NORTHERN CAPE (PTY) LIMITED Tenth Applicant MICAWBER 851 (PTY) LIMITED Eleventh Applicant MICAWBER 852 (PTY) LIMITED ‘Twelfth 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CASH PAYMASTER SERVICES (PTY) LIMITED Third 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 information, supporting documentation or elaboration in relation to the report, the Chief Justice has issued the following directions: 1. 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: @) (b) @ © ‘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? 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; 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; Whether the Minister was informed that SASSA would not be able to pay the grants itself by end of March 2017 and, if so, when this happened. 2. Im 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: (@) (6) Has SASSA entered into any agreement with Cash Paymaster Services (Pty) Limited (CPS) in relation to the payment of grants from 1 April 2017? If so, full details of the agreement are required. If in writing, a copy is required;© @ © Is it SASSA’s contcntion 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. 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. 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 oceur. 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: @) &) © @ © @ 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? Ifso, the content and nature of the objections must be set out; Do SASSA and/or the Minister have any objection to independent monitoring of the steps taken or envisaged to run, again, a competitive bidding process to have a new contractor or contractors appointed for the payment of grants? If-so, the content and nature of the objections must be set out; 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 fature? Ifso, the content and nature of the objections must be set out; 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 affidavits by no later than 16h00 Monday 13 March 2017. fase directions may be issued. [REGSTRAN OF Te CONT OM aKge Priva; Vag ga constitunognay yKowap aod 08 MAR 2017 CONSTITUTIONAL COURT BRanteron Tew 20 TEIN 2017 TITU 2 Vo OIF ROUSTTURIONELE WOE TO: TIM SUKAZI INC Attorneys for the First and Second Applicants Sandton Close 2, Block A, 2nd Floor Comer of Sth and Norwich Close JOHANNESBURG Tel: (011) 911 4100 Fax: (011) 783 3537 Email: tsukaz@timsukaziine.co.za AND TO: SMIT SEWGOOLAM INC. Attorneys for the First Respondent 12 Avonwold Road Saxonwold JOHANNESBURG Tel: 011 646 0006 Fax: 011 646 0016 Email: tiaan@smitsew.co.za Ref: T Jonker AND TO: MINISTER OF FINANCE Second Respondent 40 Church Street PRETORIA Email: tnhlanzi@justice.gov.za / zingisa.zenani@treasvry.gov.za / stephen .ralekwa@treasury.gov.za AND TO: NATIONAL TREASURY ‘Third Respondent 40 Church Street PRETORIAEmail: mhlanzi@justice.gov.za / zingisa.zenani@treasury.gov.za / stephen.ralekwa@treasury.gov.za AND TO: NORTONS INC Attorneys for Allpay 135 Daisy Street Sandton JOHANNESBURG Tel: 011 666 7560 Fax: 086 600 5529 Email; anthony@nortonsinc.com Ref: A Norton / A Roets AND TO: NORTON ROSE FULBRIGHT SOUTH AFRICA ‘Attomeys 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 Email: marelise.vandcrwesthuizen@nortonrosefulbright.com / matthews.clark @nortonrosefulbright.com Ref: SRB46 / Ms M van der Westhuizen / Mr M Clark AND TO: VAN HULSTEXNS ATTORNEYS Attomeys for the First Amicus Curiae 3rd Floor Sandton City Office Tower 158 Fifth Street Sandton JOHANNESBURG Tel: 011 523 5300 Fax: 011 523 5326 Email: daniel@vlaw.co.za / roslyne@vhlaw.co.za Ref: A Legg /D Rath AND TO: LEGAL RESOURCES CENTRE Attorneys for the Centre of Child Law Constitutional Litigation Unit 16th Floor Bram Fischer House 20 Albert StreetJOHANNESBURG Tel: 011 836 9831 Fax: 011 834 4273 Email: naseema@lre.org.za Ref: 1107212L AND TO: CENTRE FOR APPLIED LEGAL STUDIES Attorneys for the Black Sash Trust Ist Floor DJ du Plessis Building West Campus, University of Witwatersrand 1 Jan Smuts Avenue JOHANNESBURG Tel: 011 717 8606 Fax: 011 717 1702 Email: nomonde.nyembe@wits.ac.za Ref: BHR/0062/NNCONSTITUTIONAL COURT OF SOUTH AFRICA, Case CCT 48/17 In the application of: FREEDOM UNDER LAW Intervening Party to intervene as an applicant in the matter between: BLACK SASH TRUST Applicant and MINISTER OF SOCIAL DEVELOPMENT First Respondent CHIEF EXECUTIVE OFFICER OF THE SOUTH AFRICAN SOCIAL SECURITY AGENCY Second Respondent SOUTH AFRICAN SOCIAL SECURITY AGENCY Third Respondent MINISTER OF FINANCE Fourth Respondent NATIONAL TREASURY Fifth Respondent CASH PAYMASTER SERVICES (PTY) LIMITED Sixth Respondent INFORMATION REGULATOR Seventh Respondent DIRECTIONS DATED 8 MARCH 2017The Chief Justice has issued the following directions: jl) lore CONSTITUTIONAL COURT The application for leave to intervene is set down for hearing together with the main application at 10h00 on Wednesday 15 March 2017. |. Those parties wishing to oppose the application must file their opposing papers by 16h00 on Friday 10 March 2017. . Written submissions of no longer than ten pages on this application may be filed by all parties by 16h00 on Monday 13 March 2017. . Further directions may be issued. I MAKGAKGA TO: NORTONS INC Intervening party’s attorneys 135 Daisy Street JOHANNESBURG Tel: 011 666 7560 Fax: 086 600 5529 Email: anthony@nortonsinc.com / anton@nortonsine.com Ref: A Norton /A Roets AND TO: CENTRE FOR APPLIED LEGAL STUDIES ‘Attomeys for the Applicant First Floor DJ du Plessis Building ‘West Campus, University of the Witwatersrand 1 Jan Smuts Avenue JOHANNESBURG Tel: O11 717 8606 Fax: O11 717 1702 Email: Nomonde.Nyembe@wits.ac.za Ref, BHR/0062/NN AND TO: STATE ATTORNEY, JOHANNESBURG First Respondent 12th Floor North State Building95 Market Street JOHANNESBURG Tel: 073 407 5793 Email: vdhulam@justice.gov.za / Ref: Vijay Dhulam / Sipho Molope / 1 007/20 12/Z 1 AND TO: STATE ATTORNEY, JOHANNESBURG Second and Third Respondents 12th Floor North State Building 95 Market Street JOHANNESBURG Tel: 076 061 6695 Email: vdhulam@justiee.gov.za / mphora@dsd.gov.za Ref: Vijay Dhulam / Mpho Ratshisusu AND TO: STATE ATTORNEY, JOBANNESBURG Fourth and Fifth Respondents 95 Market Street JOHANNESBURG Tel: 083 564 8539 Email: vehulem@justiee.gov.za / Rebecca tee@treasury.gov.za Ref: Vijay Dhulam /Rebecea Tee AND TO: SMIT SEWGOOLAM INC. Attomeys for the Sixth Respondent 12 Avonwold Road Saxonwold JOHANNESBURG Tel: 011 646 0006 Fax: 011 646 0016 Email: tisan@smitsew.co.za Ref: T Jonker AND TO: THE INFORMATION REGULATOR Seventh Respondent 21st Floor SALU Builiding 316 Thabo Schume Street PRETORIA Tel: 012 406 4818 Fax: 086 500 3351 Email: inforeg@justice.gov.za Ref: Mmamoroke Mphelo