Former social development minister Bathabile Dlamini is questioning whether it is appropriate in a constitutional democracy to hold government officials, who are performing their discretionary functions, personally liable for cost orders in legal matters. This formed part of Dlamini’s affidavit submitted to the Constitutional Court on why she should not be held personally liable and pay the costs of the recent South African Social Security Agency (Sassa) matter that saw the court once again extend an illegal contract with Cash Paymaster Services (CPS). Last month, the court extended the CPS contract for another six months for the management of cash payments of social grants to 2.5-million beneficiaries. The court also ordered that Dlamini and acting Sassa CEO Pearl Bhengu file affidavits motivating why they should not be held personally liable for the agency’s inability to take over the payments and pay out of their own pockets. In her affidavit submitted to the court on Monday, Dla...

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