South Africa’s President Cyril Ramaphosa reshuffled his cabinet on Monday after coming to power two weeks ago when scandal-plagued Jacob Zuma resigned under pressure from the ruling African National Congress.
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Below are details of some key ministers:
NHLANHLA NENE &#8211; FINANCE MINISTER
Nhlanhla Nene served as finance minister from May 2014 until December 2015, when Zuma fired him and replaced him with unknown parliamentary backbencher Des van Rooyen.
A collapse in the rand currency forced Zuma to sack van Rooyen and reappoint a previous finance minister, Pravin Gordhan, just four days later.
Nene, a veteran civil servant who was keen to rein in government spending, had been reluctant to rubber-stamp an ambitious plan to build a number of nuclear power stations, a project that might cost as much as $100 billion and one which Ramaphosa has frankly said South African cannot afford.
Nene has since taken up roles in the private sector including as a board member at fund manager Allan Gray, resident advisor at investment firm Thebe Investment Corporation and as acting head of a business school in Johannesburg.
DAVID MABUZA &#8211; DEPUTY PRESIDENT
ANC deputy president David Mabuza is the new Deputy President of South Africa and premier of Mpumalanga province. He has not served as a cabinet minister before.
Mabuza was an ally of Zuma and was accused of involvement in corruption in awarding tenders. He has denied any wrongdoing.
Mabuza’s influence in Mpumalanga will be significant for Ramaphosa and the ANC in next year’s parliamentary election.
PRAVIN GORDHAN &#8211; PUBLIC ENTERPRISES MINISTER
A popular figure with investors, Gordhan served as Minister of Finance from 2009 until 2014 and again from 2015 until 2017.
Gordhan has been a critic of the corruption that dogged Zuma’s term and there will be high expectations for him to clean up state-owned firms. His combative style can be divisive.
NKOSAZANA DLAMINI-ZUMA &#8211; MINISTER IN THE PRESIDENCY
The former minister and chairwoman of the African Union Commission narrowly lost to Ramaphosa in an ANC leadership election in December and she would have hoped to be naming her own cabinet at this stage.
Dlamini-Zuma was married to former president Zuma for over a decade and has four children with him.
LINDIWE SISULU &#8211; FOREIGN AFFAIRS MINISTER
Sisulu initially ran against Ramaphosa in the ANC leadership race last year but later withdrew, choosing to pursue the deputy position, which she lost to David Mabuza.
Most recently serving as human settlements minister, Sisulu is the daughter of anti-apartheid activist Walter Sisulu, a close friend of Nelson Mandela.
While in exile during apartheid, Sisulu joined the military wing of the ANC, working in intelligence.
GWEDE MANTASHE &#8211; MINERALS RESOURCES MINISTER
Trade unionist Mantashe, 62, is currently the national chairperson of the ANC and former secretary-general of the party &#8212; a position he held for 10 years.
The shrewd party strategist was the first trade unionist appointed to the board of directors of a company listed on Johannesburg’s stock exchange.
JEFF RADEBE &#8211; ENERGY MINISTER
Radebe is one of the longest-serving ministers in post-apartheid South Africa, having held several senior cabinet positions in including as minister of public enterprises, justice and transport.
He served in underground structures of the ANC during white minority rule and was imprisoned on Robben Island, where the apartheid government kept political prisoners.
MALUSI GIGABA &#8211; HOME AFFAIRS MINISTER
Gigaba returns to the home affairs ministry after having served as finance minister since being appointed by Zuma in March. He delivered the budget last week.
Gigaba has previously served as Minister of Public Enterprises.
A South African court found last year that Gigaba had violated the constitution by lying about a dispute with a company during his time at home affairs. Gigaba has said he will challenge the ruling. [L8N1QB5BV]
ZWELI MKHIZE &#8211; COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS MINISTER
The ANC’s former treasurer general was an outsider in the party’s leadership race won by Ramaphosa in December.
A medical doctor by training, Mkhize also served as a party boss in the Kwa-Zulu Natal province, from where Zuma and Dlamini-Zuma hail. Ramaphosa will be relying on Mkhize to reconcile opposing factions in the ANC, analysts say.
NALEDI PANDOR &#8211; HIGHER EDUCATION AND TRAINING MINISTER
A former teacher and veteran minister, Pandor comes from a long line of political activists in Kwa-Zulu Natal, a key province for the ANC and one where Ramaphosa needs allies.
Largely praised for her personal integrity, Pandor has criticised ANC politicians for their lavish lifestyles.
DEREK HANEKOM &#8211; TOURISM MINISTER
A white Afrikaner, Hanekom has served as a minister under every president since the end of white-minority rule, including as minister of land under Nelson Mandela.
Hanekom was one of the most vocal critics of Zuma and was sacked as tourism minister last year after publicly calling for his removal.
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Compiled by Tiisetso Motsoeneng and Joe Brock; Editing by James Macharia and Catherine Evans
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Key figures in S.African President Ramaphosa’s first cabinet

South Africa President Cyril Ramaphosa&#8217;s widely anticipated Cabinet reshuffle took place at 10pm CAT this evening  &#8211; it was delayed for 1 hour and 30 minutes. South Africa&#8217;s
In his announcement he said:
I have decided to make certain changes in the composition of the National Executive.
These changes are intended to ensure that national government is better equipped to implement the mandate of this administration and specifically the tasks identified in the State of the Nation Address.
In making these changes, I have been conscious of the need to balance continuity and stability with the need for renewal, economic recovery and accelerated transformation.
As indicated in the State of the Nation Address, we have begun a review of the configuration, size and number of national Ministries and Departments.
We will retain the existing Ministries and Departments until that review is completed.
With respect to Ministers, I have decided to make the following changes:
<ul>
<li>Communications: Ms Nomvula Mokonyane</li>
<li>Energy: Mr Jeff Radebe</li>
<li>Higher Education and Training: Ms Naledi Pandor</li>
<li>Home Affairs: Mr Malusi Gigaba</li>
<li>Human Settlements: Ms Nomaindia Mfeketo</li>
<li>International Relations and Cooperation: Ms Lindiwe Sisulu</li>
<li>Mineral Resources: Mr Gwede Mantashe</li>
<li>Police: Mr Bheki Cele</li>
<li>Public Enterprises: Mr Pravin Gordhan</li>
<li>Public Service and Administration: Ms Ayanda Dlodlo</li>
<li>Public Works: Mr Thulas Nxesi</li>
<li>Rural Development and Land Reform: Ms Maite Nkoana-Mashabane</li>
<li>Science and Technology: Ms Nkhensani Kubayi-Ngubane</li>
<li>Social Development: Ms Susan Shabangu</li>
<li>Sport and Recreation: Ms Tokozile Xasa</li>
<li>State Security: Ms Dipuo Letsatsi-Duba</li>
<li>The Presidency: Planning, Monitoring and Evaluation: Dr Nkosazana Dlamini-Zuma</li>
<li>The Presidency: Women: Ms Bathabile Dlamini</li>
<li>Tourism: Mr Derek Hanekom</li>
<li>Transport: Dr Blade Nzimande</li>
<li>Water and Sanitation: Mr Gugile Nkwinti</li>
</ul>
With respect to Deputy Ministers, I have made the following changes:
<ul>
<li>Agriculture, Forestry and Fisheries: Mr Sfiso Buthelezi</li>
<li>Communications: Ms Pinky Kekana</li>
<li>Finance: Mr Mondli Gungubele</li>
<li>Public Service and Administration: Dr Chana Pilane-Majeke</li>
<li>Small Business Development: Mr Cassel Mathale</li>
</ul>
The positions of Deputy Minister of Public Enterprises and Deputy Minister in the Presidency for Planning, Monitoring and Evaluation will remain vacant.
Pending the completion of their swearing-in as Members of the National Assembly, I intend to further appoint:
<ul>
<li>Mr David Mabuza as the Deputy President of the Republic</li>
<li>Dr Zweli Mkhize as Minister of Cooperative Governance and Traditional Affairs</li>
<li>Mr Nhlanhla Nene as Minister of Finance</li>
<li>Ms Reginah Mhaule as Deputy Minister of International Relations and Cooperation</li>
</ul>
The new Ministers and Deputy Ministers will be sworn in in Cape Town tomorrow.
I wish to express my appreciation to all outgoing Ministers and Deputy Ministers for their service to government and to the people of South Africa.
I thank you for your attention.
Good evening.

#Cabinetreshuffle: Full list of SA’s President Cyril Ramaphosa’s new cabinet

South Africa’s new president Cyril Ramaphosa has compiled a hit list of top ministers he plans to recall as he settles into office. It includes finance minister Malusi Gigaba and controversial mining minister Mosebenzi Zwane.
New broom Ramaphosa – who promises to clean up corruption &#8211; is clearly trying to consolidate his new position by jettisoning loyalists put into cabinet in the last days of former President Jacob Zuma’s rule. Ramaphosa was sworn in on Thursday in Parliament after embattled former President Zuma resigned on February 14 at the eleventh hour.
[WATCH] <a href="http://cnbc.africa/videos/2018/02/15/ramaphosa-must-be-brave-enough-to-rid-cabinet-of-corruption-says-former-jse-ceo-russell-loubser/">Ramaphosa must be brave enough to rid cabinet of corruption, says former JSE CEO Russell Loubser</a>
A document, seen by CNBC Africa, is understood to be from the chief whip’s office lists ANC deployees to be recalled including: Gigaba, his deputy Sfiso Buthelezi; the luckless mining minister Zwane; energy minister David Mahlobo the proponent of the unpopular nuclear power deal; social development minister Bathabile Dlamini; police minister Fikile Mbalula;  minister of cooperative governance and traditional affairs Des Van Rooyen; minister of state security Bongani Bongo; and minister of water and sanitation Nomvula Mokonyane.
READ: <a href="http://cnbc.africa/news/southern-africa/2018/02/15/zuma-finally-falls-sword-not-threatening-take-house/">Zuma finally falls on his sword: but not before threatening to take the house down with him</a>
The documents also contain a list of new members of Parliament to be sworn in at the Chief Whip’s Office in Parliament Chambers in 90 Plein Street, Cape Town.
The list, also seen by CNBC Africa, has former Treasurer General of the ANC Zweli Mkhize- who declined a deputy president nomination at the ANC’s elective conference in December &#8211;  is at the top. Mkhize is being touted as a replacement for Gigaba as finance minister.
Also on the list is Ronald Lamola, the former deputy president of the ANC Youth League; Rhulani Siweya another ANCYL member; David Masondo, an ANC member who tabled a motion, in January, for President Zuma to step down; Senzo Mchunu, the former KwaZulu-Natal premier who missed out narrowly on a top position at the elective conference in December; Vukani Mdabe, a former presidential campaign lobbyist for Ramaphosa; and Zizi Kodwa the former national spokesman for the ANC.

New broom Cyril Ramaphosa’s hit list

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The ANC Women’s League is proud of the fact that three women had been nominated to stand for the position of President. The ANC Women’s League president and Minister of Social Development Bathabile Dlamini, says this indicates that the structures of the ANC are ready to accept the leadership of women in top position. Earlier today she spoke to CNBC Africa’s Karabo Letlhatlha.

ANC is ready for women in top leadership – Dlamini

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Members of parliament have sent the SA Social Security Agency and the Post Office back to the negotiating table to work through issues around the payment of social grants. Members of parliament argued that they have been lied to by officials and the process is being deliberately engineered to favour external service providers. Joining CNBC Africa for more is Social Development Department Spokesperson, Lumka Oliphant.

Sassa, Post Office sent back to resolve grants deadlock

“ANC will rule until Jesus comes”, these words may come to haunt President Jacob Zuma in under three years.
As the ruling African National Congress’ (ANC’s) December conference nears, the liberation party is faced with two options: return to the ‘Mandela-Mbeki glory days’ or be forced into a coalition government.
Increasingly, it is becoming clearer that the party will at worst be out of government and at best in a coalition come 2019.
The cracks that used to be masked by the party’s well-oiled propaganda machinery no longer hold.
At the centre of these cracks are two competing interests. The first is the push to have incumbent President Jacob Zuma’s former wife, Nkosazana Dlamini-Zuma, succeed him. The reasons for this range from political and ethnic dynamics to personal issues that involve the President, who himself faces a reported 783 criminal charges that may make his life difficult post-presidency.
On a more ideological scale, this faction is fighting for what they call ‘land re-possession with no compensation’, something that may appeal to an impoverished black majority that believes land is the answer to the endemic triple challenges of poverty, unemployment and inequality.
This however, could be a red herring considering that South Africa is a highly urbanised country with limited to no prospects open for urban youth to move back to the countryside to start farming.
The second competing centre revolves around Cyril Ramaphosa, a business mogul with <a href="https://www.forbes.com/profile/cyril-ramaphosa/">wealth running into the billions</a>. Many believe he is a business-friendly technocrat and will be able to run a clean and efficient government, not least because he cannot grow any sticky fingers. Those rooting for him are fighting for a return to former Presidents Nelson Mandela and Thabo Mbeki’s traditions of inclusivity and shared growth.
What do we know so far?
NDZ17 – Nkosazana Dlamini-Zuma 2017
Dlamini-Zuma is heavily reliant on support from the ANC Youth and Women’s League and the bigger faction of KwaZulu-Natal, possibly Free State and North West. With only this support she is far from securing victory come the December conference.
Her chief surrogates are President Zuma and Women’s League President, Bathabile Dlamini, both of whom are tainted by allegations of corruption and nepotism.
Some of her key supporters include Water Minister Nomvula Paula Mokonyane, Free State Premier and ANC Provincial Chair Ace Magashule, North West Premier Supra Mahumapelo and Youth League President Collin Maine.
Of importance to note is that these leading surrogates have been implicated in one or more scandals that have rocked the Zuma presidency as he has marshalled what is seen as state capture under the influence of the Gupta family.
To be fair Dlamini-Zuma, an experienced civil servant, who has also served as head of the African Union, is probably the cleanest person in her faction &#8211; but, not unexpectedly, she too has been <a href="https://www.timeslive.co.za/politics/2017-06-08-exclusive-laundered-cash-financed-dlamini-zumas-award/">linked to the Guptas</a>.
While Dlamini-Zuma has been labelled by many political analysts as the clear frontrunner, such a claim has never been substantiated by any empirical evidence. It would seem many are dancing to the gallery and being swayed by recycled endorsements she has been receiving.
There is an equally strong feeling that she is a compromised candidate who may as well land the liberation party its first defeat since 1994. She has emphasised ‘it’s time for a woman’ to lead for as long as anyone cares to remember, but we know this card alone will not carry her to Mahlamba Ndlopfu (the official residence for the President of the country.).
For starters, she is viewed as a front for her ex-husband and the Guptas. Some argue that she is also not the best woman in the ANC to warrant the entire populace around her let alone factoring that one of her daughters has been a direct beneficiary of an unexplained <a href="https://mg.co.za/article/2014-07-24-zumas-daughter-gets-top-state-job">chief of staff position</a> in government. 
Perhaps Dlamini-Zuma could learn a thing or two from the failed campaign of Hillary Clinton that gendered politics doesn’t always sell.
CR17 – Cyril Ramaphosa 2017
Ramaphosa’s major backing comes from the powerful trade union movement, the Congress of South African Trade Unions (Cosatu), the South African Communist Party (SACP) and provinces namely Limpopo, Western Cape, Eastern Cape, Gauteng and Northern Cape. Both Cosatu and SACP are part of the tripartite governing alliance. Ramaphosa has pockets of support in KwaZulu-Natal, Free State and North West.
His chief surrogates are Bheki Ntshalintshali from Cosatu, Blade Nzimande and Solly Mapaila of SACP, Limpopo Premier and ANC Provincial Chair <a href="https://www.iol.co.za/news/politics/limpopo-premiers-support-for-ramaphosa-angers-mk-veterans-10985023">Stan Mathabatha</a>, Northern Cape’s ANC Chair Zamani Saul, and <a href="http://www.news24.com/SouthAfrica/News/mashatile-endorses-ramaphosa-20170617">Gauteng ANC Provincial Chair Paul Mashatile</a>. In KwaZulu-Natal, Ramaphosa enjoys the support of bigwigs, <a href="https://mg.co.za/article/2017-08-25-00-kzn-strongman-punts-ramaphosa">Bheki Cele</a> and former Premier Senzo Mchunu.
Also in his camp are former Finance Minister, Pravin Gordhan who has openly endorsed <a href="http://www.biznews.com/leadership/2017/04/28/pravin-gordhan-ramaphosa-cnn/">Ramaphosa on CNN</a> and ANC national executive committee member <a href="http://www.news24.com/SouthAfrica/News/heir-to-the-throne-motshekgas-endorse-ramaphosa-20170507-2">Angie Motshekga</a>.
Ramaphosa’s candidacy has also split the Women’s League &#8211; <a href="https://citizen.co.za/news/south-africa/1633769/vhembe-ancwl-supports-ramaphosa/">with the women of Vhembe</a> in his home province of Limpopo openly endorsing him defying the league’s executive resolution.
His major challenge is the Marikana tragedy, which saw 44 miners lose their lives while he was a non-executive director of Lonmin, which owns the mine. His rivals often hold this against him.
<a href="https://www.timeslive.co.za/politics/2017-09-02-ramaphosa-condemns-social-media-smear-campaign-alleging-affairs/">Smear campaigns</a> are also another challenge he is facing. Many expect these to get worse. But unlike President Zuma, he is not facing rape or corruption charges but issues of infidelity. Already his base is rubbishing the claims.
Scaling candidates
The above picture is far from exhaustive.
However, it gives a glimpse into the polarised state of the race for the next leader of the ruling party.
The competition is decidedly a two-horse race between Dlamini-Zuma and Ramaphosa although some names such as that of Speaker of the National Assembly, Baleka Mbete, Human Settlements Minister Lindiwe Sisulu, Former Treasurer General Mathews Phosa and Mpumalanga Premier, David Mabuza, have been thrown into the ring.
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Stakes are high for the ANC
The party has suffered progressively under Jacob Zuma, weakening its parliamentary majority and losing key metropolitan provinces in local government elections, such as the Nelson Mandela, Tshwane and Johannesburg Metros.
There is a strong sentiment that the party needs a clean break from the Zuma era and this is where Dlamini-Zuma will face a challenge of association with her former husband. There are already people who freely refer to her as “Zuma’s wife”, with another journalist having addressed her as Mrs Zuma.
She has failed to distance herself from her former husband. To the contrary, she has increasingly been seen to be benefiting from their association. Some say she has been to Nkandla, Zuma’s controversial homestead a couple of times – and their kids tie them together. However, the claims of her visits to Nkandla could be part of a smear campaign and without basis.
She has also unduly received a presidential protection unit. This will come to haunt her in the coming months – if not before December as opposition parties, such as the Economic Freedom Fighters and Democratic Alliance feast on that.
On the other side, Ramaphosa is a capitalist and his surrogates would add ‘with a heart’. He runs an Education Foundation with an impeccable record. Other than Marikana, and the latest infidelity allegations no scandal tails him. His social media followers boast that he has single-handedly, created over 150, 000 jobs through a string of his businesses.
He appeals to the middle class base that the ANC has relied on since 1994 and of late has drifted to the centre right and opposition party the DA. If Ramaphosa wins the leadership contest for the ANC, the liberation party might recoup some losses &#8211; if he doesn’t the party should prepare to be in opposition or part of a coalition government.
Another growing probability is what has been dubbed the third way
 Scenarios
Eventually, Dlamini-Zuma will realise she will either lose the December conference or 2019 and retreat with some dignity and settle for Number 2. That could potentially save her former husband from possible prosecution if he has her in the executive.
This will also allay fears of some of her surrogates fearing for their jobs should Ramaphosa register a clean sweep. This explains, to an extent, why Finance Minister Malusi Gigaba and Police Minister Fikile Mbalula have not openly endorsed her. Futures are at stake.
This possible truce would obviously see serial incompetent ministers such as Bathabile Dlamini and Faith Muthambi exiting the cabinet.
However, if Dlamini-Zuma insists and manages to ‘win’ in December, a clear split will be inevitable. And any split will automatically lead the ANC to opposition benches in the parliament. That ANC won’t be the one President Zuma is leading or the one Mandela, Mbeki, Luthuli and OR Tambo led, but a reconfigured ANC. A new ANC.
EFF and DA prefer to have Dlamini-Zuma as the candidate to battle as this would give them their best shot at landing a seat at Mahlamba Ndlopfu earlier than planned for.
If Ramaphosa loses in December, he will contest as Save SA, Mass Democratic Movement or SACP/COSATU presidential candidate. The split will equally deny him enough to govern outside coalition but I bet he will have the most votes in 2019.
His challenge will be finding a coalition partner. EFF is ultra-left and he is ultra-right which makes the two water and oil (EFF, for its own part, has been the most vocal proponents for justice over Marikana.)  DA is viewed as a ‘racist party’ and its connection to the past would taint him and his backers unless if the DA volunteers its voters without expecting any favors. I doubt it can do that, only EFF can.
The impending split will also make it almost impossible for the two ANC splinter groups to unite as the ground for heated acrimony is being watered everyday especially through smear campaigns and the use of state apparatus to spy on other ANC leaders. The President is making it worse by openly backing his ex-wife and not his incumbent deputy.
The only possibility that could unite most of these parties would be having a morally proper leader like former Public Protector Thuli Madonsela or deputy chief Justice Dikgang Moseneke as a caretaker president with the possibility of running for the entire term.
This arrangement might produce a new cabinet with clean top bureaucrats taking key cabinet posts and former ministers under Mbeki returning to the centre. I predict the likes of Tito Mboweni and Joel Netshitenge will make their way back.
The rough, tough road ahead
Before we know who will succeed Zuma, we will experience a bitter and a gruesome fight. We will probably see more <a href="http://ewn.co.za/2017/09/05/hawks-magaqa-s-death-a-serious-setback-in-probe-into-kzn-political-killings">political killings</a>.
The court ruling in KwaZulu-Natal involving the legitimacy of the Provincial Executive Committee will also be a big game changer &#8211; no matter the outcome. Those in the Ramaphosa camp would have a boost if the court nullifies the 2015 polls.
That possibility is huge.
If it doesn’t, CR17 will look to Secretary General Gwede Mantashe to make a thorough audit of the party’s membership that many believe are rigged in favour of the governing party in KwaZulu-Natal.
That adds a new twist to the plot that thickens daily.
Trust Matsilele is a former journalist and political consultant. He has worked for Forbes Africa, CNBC Africa and African Democratic Institute among others. He is currently completing his PhD with the University of Johannesburg and is a contributing writer for CNBC Africa. These are his views and he can be contacted at: <a href="mailto:trust.matsilele@gmail.com">trust.matsilele@gmail.com</a>

Op-ed: Why the ANC needs Ramaphosa to survive

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It was a six day conference that will end in a few hours&#8217; time. On the surface it’s been speeches and songs. Behind the scenes it&#8217;s been a war over who runs South Africa and its economy. CNBC Africa&#8217;s Aviwe Mtila filed this report.

ANC seeks to mend divisions

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South Africa’s Constitutional Court is once again being asked to deal with a highly politically charged matter that affects the government of the country. The last time was over the question of President Jacob Zuma’s failure to repay state money spent on his personal homestead at <a href="https://theconversation.com/important-lessons-for-africa-as-strong-institutions-win-out-over-a-strong-man-57182">Nkandla</a>. This time the government’s Minister for Social Development, Bathabile Dlamini, is at the centre of a storm over the payment of 17 million social grants. The contract to do this was given to an independent contractor whose contract expires on March 31. The court ruled in 2013 that the contract was illegal because of tender irregularities and ordered the minister to make alternative arrangements. She failed to do so and instead has sought to renew the contract. Politics and Society Editor Thabo Leshilo asked Constitutional court expert Pierre de Vos to explain. <img loading="lazy" decoding="async" src="https://counter.theconversation.edu.au/content/74630/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" />
Why is this case before the constitutional court?
The case is before the Constitutional Court because civil society organisations – the <a href="https://www.blacksash.org.za/index.php/sash-in-action/oversight-of-grant-payment-system">Black Sash</a> and <a href="https://www.dailymaverick.co.za/article/2017-03-07-freedom-under-law-asks-concourt-to-make-new-sassacps-contract-details-public/#.WMj1PVWGPIU">Freedom under Law</a> among them – approached the court to ask it to intervene in the matter to ensure, first, that grants will be paid after April 1st.
Second, they want to make sure that Cash Paymaster Services <a href="http://www.net1.com/business-structure/transactional-solutions-cluster/cash-paymaster-services-(cps)/">(CPS)</a>, the private company contracted to pay out social grants on behalf of the government’s <a href="http://www.dsd.gov.za/">Department of Social Development</a>, will not abuse its position to exploit grant recipients. Specifically, they want the company not to use the information it has about social grants recipients to push all kinds of financial products on them. These products include funeral policies and micro loans.
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Third, the civil society organisations want to get the <a href="http://www.constitutionalcourt.org.za/site/thecourt/role.htm">Constitutional Court</a> to oversee the grants payment process to ensure that the South African Social Security Agency <a href="http://www.sassa.gov.za/">(Sassa)</a> and CPS don’t enter into a new contract with terms that will allow CPS to make exorbitant profits. Sassa administers the application, approval and payment of social grants in the country.
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As the original contract was declared invalid by the Constitutional Court <a href="https://www.dailymaverick.co.za/opinionista/2017-03-07-new-sassas-cps-contract-might-be-illegal-heres-what-the-concourt-can-do-to-fix-the-mess/#.WMkVS1WGPIU">in 2013</a>, because of an <a href="http://www.heraldlive.co.za/news/2017/03/14/gordhan-says-cps-contract-illegal/">unlawful tender process</a>, and because entering into a new contract with CPS would almost certainly be unlawful because the requisite tender procedures were not followed, it’s important for the Court to validate the new contract to legalise the process. If it fails to do that the grants might still be paid on 1 April, but not in a legally valid manner.
What big legal issues are at stake?
The first issue is: what powers does the Constitutional Court have to fix a situation where the only way to deliver social grants – which the state is obliged to do because of a constitutional obligation – would be through a process that, without court validation, would be unlawful and invalid.
The second legal question is: what are the legal obligations of a private company (CPS) to deliver state grants. The court has already ruled that CPS is an organ of state for the purposes of paying social grants, which means it cannot walk away from the contract like a private party because it is fulfilling much the same function as a government department. This is because it’s delivering social grants to give effect to a <a href="http://www.saflii.org/za/cases/ZACC/2014/12.html">constitutional right</a>. This means that the court may order it to continue delivering grants if it remains the only body capable of doing it – even if CPS doesn’t want to continue and doesn’t make a profit.
What powers does the Constitutional Court have if it’s ignored?
The Constitutional Court depends on other branches of government to implement its orders.
But it can do the following:
<ul>
<li>It can issue cost orders against a litigant. In this case, for example, it could order the Minister for Social Development Minister Bathabile Dlamini to pay the cost of the court case from her personal funds. This would be quite extreme but the court could make the case that she had ignored its instructions.</li>
<li>In the most extreme case it could find a person in contempt of court and can then have them jailed for being in contempt.</li>
</ul>
But ultimately the power of the court lies in the hands of citizens who can decide to punish those in power who ignore court orders and flout the law by voting for another party and electing a new government.
What’s the significance of the stand-off?
The stand-off affects the lives of millions of people. More than 17 million grants are disbursed to <a href="https://africacheck.org/factsheets/separating-myth-from-reality-a-guide-to-social-grants-in-south-africa/">adults and children in the country</a>. It is therefore imperative that the crisis is resolved in a way that does not threaten their livelihoods.
But it is also significant because it is testing the power of the court when confronted with political delinquency. Courts are reluctant to challenge the political branches of the state head on. But, in certain circumstances, like the present, the Constitutional Court stands to lose more by trying to avoid a confrontation. Instead, it stands to gain more credibility and legitimacy if it manages to confront the impunity of Sassa and the Minister of Social Development, and if it ultimately manages to ensure that grants are paid in a legally valid way.
<a href="https://theconversation.com/profiles/pierre-de-vos-122976">Pierre de Vos</a>, Claude Leon Foundation Chair in Constitutional Governance, <a href="http://theconversation.com/institutions/university-of-cape-town-691">University of Cape Town</a>
This article was originally published on <a href="http://theconversation.com">The Conversation</a>. Read the <a href="https://theconversation.com/social-grants-crisis-tests-the-powers-of-south-africas-constitutional-court-74630">original article</a>.

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