Former social grants distributor Cash Paymaster Services (CPS) has taken its battle against Corruption Watch and Sassa to the Constitutional Court in a continued effort to avoid paying back R316-million paid to the company in respect of a variation agreement with the social services agency in 2015. The agreement was ruled invalid by the North Gauteng High Court in March last year.
CPS appealed the high court ruling, which was then upheld by the Supreme Court of Appeal (SCA) which held that the initial contract provided for the re-registration of beneficiaries of social grants in 2014. The SCA ruling was delivered at the end of September this year.
The high court ruling had ordered CPS to pay back not only the R316-million, but also the interest accrued therein since the date of the payment. CPS had argued that the money was earned for work done in the re-registration process as it included children, for whom the initial contract had not catered.
The SCA, however, found that the re-registration of children as beneficiaries was already included in the original contract and did not require a separate one. The original contract- itself the subject of a lengthy, high profile court battle over its validity – came to an end in 2018.
Corruption Watch first approached the high court in 2015 to review and set aside the variation agreement. The ruling, which favoured the organisation, was handed down on 23 March 2018, and was then followed by the appeal process. The SCA heard the matter on 10 September 2019, delivering its ruling at the end of that month.
While Sassa initially opposed Corruption Watch’s high court bid, the agency later withdrew from proceedings, later appearing before the SCA court to explain its reasons for withdrawal. In response to CPS’s petition to the Constitutional Court, Sassa has filed an answering affidavit supporting the decisions of the lower courts, and opposing the relief sought by CPS.
Corruption Watch filed its answering affidavit this week and awaits a decision by the court on whether or not it will hear the appeal.
CW will oppose the application by submitting these filing notices (below) at the Constitutional Court.
CPS Application for leave to appeal: https://www.corruptionwatch.org.za/wp-content/uploads/2019/11/Notice-of-Application-for-Condonation-1.pdf
Filing notice 1: https://bit.ly/2K4mcae
Filing notice 2: https://bit.ly/2NuTAJ2
Filing notice 3: https://bit.ly/2CqpY9u
Filing sheet: https://bit.ly/2pIS1yt
For more information, contact:
Phemelo Khaas Cell: 083 763 3472. E-mail: phemelok@corruptionwatch.org.za
