South Africa Case Law

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17)

Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17) [2017] ZACC 20; 2017 (9) BCLR 1089 (CC) (15 June 2017)

Court

Constitutional Court

Case number

CCT48/17

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Court held that joinder of the Minister in her personal capacity was necessary to ensure procedural fairness and allow her to respond to the risk of a personal costs order. The legal framework permits personal liability for costs where a state official acts in bad faith or with gross negligence in the performance of official duties or litigation. The affidavits presented conflicting versions regarding the Minister's role in establishing parallel decision-making structures and her awareness of SASSA's inability to meet deadlines. Given the seriousness of the allegations and the existence o…

Source excerpt

• Personal Liability Of State Officials
• Joinder Of Parties
• Costs De Bonis Propriis
• Public Administration Accountability
• Section 38 Superior Courts Act