325 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter botween: ALLPAY CONSOLIDATED INVESTMENT HOLDINGS (PTY) LTD. ALLPAY FREE STATE (PTY) LTD ALLPAY WESTERN CAPE (PTY) LTD ALLPAY GAUTENG (PTY) LTD ALLPAY EASTERN CAPE (PTY) LTD ALLPAY KWAZULU-NATAL (PTY) LTD. ALLPAY MPUMALANGA (PTY) LTD ALLPAY LIMPOPO (PTY) LTD ALLPAY NORTH WEST (PTY) LTD. ALLPAY NORTHERN CAPE (PTY) LTD MICAWBER 851 (PTY) LTD MICAWBER 852 (PTY) LTD MICAWBER 853 (PTY) LTD MICAWBER 854 (PTY) LTD ang (CHIEF EXECUTIVE OFFICER OF THE SOUTH AFRICAN SOCIAL SECURITY AGENCY ‘SOUTH AFRICAN SOCIAL SECURITY AGENCY CASH PAYMASTER SERVICES (PTY) LTD EZIDLUBHEDU INVESTMENT HOLDINGS (PTY) LTD FLASH SAVINGS AND CREDIT COOPERATIVE Case No: COT 48/13, Fret Applicant Secend Applicant This Applicant Fourth Applicant F th Applicant Sich Applicant Seventh Applicant Eighth Applicant Ninth Applicant ‘Tenth Applicant Eleventh Applicant ‘Twelth Applicant ‘Thiteerth Applicant Fourteewth Applicant Fist Respondent Second Respondent “Third Respondent Fourth Respondent Frith Respondent Re326 ENLIGHTENED SECURITY FORCE (PTY) LTD Sith Respondent MOBA COMM (PTY) LTD Seventh Respondent EMPILWENI PAYOUT SERVICES (PTY) LTD. Eighth Respondent PENSION MANAGEMENT (PTY) LTD Ninth Respondent MASINGITA FINANCIAL SERVICES (PTY) LTD ‘Tenth Respondent SOUTH AFRICAN POST OFFICE Eleventh Respondent ROMAN PROTECTION SOLUTIONS CC. ‘Twelft Respondent UBANK LIMITED ‘Thirteentt Respondent AFRICAN RENAISSANCE INVESTMENT MANAGEMENT (PTY) LTD Fourteentr Respondent STANDARD BANK GROUP LIMITED Fiteentt Respondent NEW SOLUTIONS (PTY) LTD. Sixteentr Respondent FTHALA LIMITED Seventeentt Respondent KTS TECHNOLOGY SOLUTIONS CONSORTIUM Eighteentt Respondent ‘THE SOUTH AFRICAN RESERVE BANK [Nineteentt Respondent ‘THE PAYMENT ASSOCIATION OF SOUTH AFRICA _Twentett Respondent CONFIRMATORY AFFIDAVIT 1 the undersigned BATHABILE DLAMINI ohereby make oath and state that: 41. Lam an adult female and the Minister of Social Development. 2. ‘The facts set out inthis affidavit are within my personal knowledge and are to the best of my belief true and correct. é ow327 3, Yesterday | deposed to an affvit inthis matter in which I confined what was set out in the afidavt of WISEMAN KHEHLA MAGASELA dated 13 March 2017. That affidavit was made in response to the Chief Justice's Directions of 8 March 2017. 4. Tho affidavit was delivered after the 16H00 time set in the diections. The reason for ths is explained in an affidavit deposed to by SASSAS attorney of record, Mr TIMOTHY MANDLA SUKAZI, in support of an application for ‘condonation tht o the best of my knowledge was delivered this moming. 5. Irespectly state that | have made every reasonable effort to comply with this Court's directions. 8. I have read the affidavit of TIMOTHY MANDLA SUKAZI dated 14 March 2017 ‘and confirm its contents insofar as they relate to me. BATHABILE DLAMINI | carly that the above deponent has acknowledged to me that she knows and Understands the contents ofthis affidavit, which affidavit was signed and sworn to before me at dee “rou on this the 14" day of MARSH 2017, in accordance with the requirements of Government Notice R1258 dated 21 July 1972 1a amended by Government Notices R1648 dated 18 August 1977 and R1428 dated 11 duly 1980 and by GN R774 of 23 Apri 1982, kas COMMISSIONER OF OATHS orivion! onthe enema aw eo oR Camron oP ONS Pas het Sees CP) Lie Ris, Ne WRE/ 203 70 renee oP Fiat Rand Gon Gover BAM Flee, 5 Rikeagieett Sneh Rdde , Foro ce Teo, sot Abies, Win af Hones 20rt ee328 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA In the mater between: ALLPAY CONSOLIDATED INVESTMENT HOLDINGS (PTY) LTD ALLPAY FREE STATE (PTY) LTD ALLPAY WESTERN CAPE (PTY) LTD ALLPAY GAUTENG (PTY) LTD ALLPAY EASTERN CAPE (PTY) LTD [ALLPAY KWAZULUNATAL (PTY) LTD ALLPAY MPUMALANGA (PTY) LTD ALLPAY LIMPOPO (PTY) LTD ALLPAY NORTH WEST (PTY) LTD ALLPAY NORTHERN CAPE (PTY) LTD MIGAWBER 851 PTY) LTD MICAWBER 952 (PTY) LTD MICAWBER 863 (PTY) LTD MIGAWBER 854 (PTY) LTD and CHIEF EXECUTIVE OFFICER OF THE ‘SOUTH AFRICAN SOCIAL SECURITY AGENCY ‘SOUTH AFRICAN SOCIAL SECURITY AGENCY CASH PAYMASTER SERVICES (PTY) LTD EZIDLUBHEDU INVESTMENT HOLDINGS (PTY) LTD FLASH SAVINGS AND CREDIT COOPERATIVE ‘Case No: COT 48/13 Fret Applicant Secand Applicant Thi Applicant Fourth Applicant Fith Applicant Sth Applicant Seventh Applicant Eighth Applicant Noth Appicant “Tenth Appicant Eleventh Applicant ‘Twelth Appicant “Thirteenth Applicant Fourteenth Applicant Fist Respondent Second Respondent “Third Respondent Fourh Respondent Fith Respondent BY329 ENLIGHTENED SECURITY FORCE (PTY) LTD Sich Respondent ‘MOBA COMM (PTY) LTD ‘Seventh Respondent EMPILWEN! PAYOUT SERVICES (PTY) LTD Eights Respondent PENSION MANAGEMENT (PTY) LTD ‘Ninth Respondent MASINGITA FINANCIAL SERVICES (PTY) LTD ‘Tenth Respondent ‘SOUTH AFRICAN POST OFFICE Eleventh Respondent ROMAN PROTECTION SOLUTIONS Cc “Twelth Respondent BANK LIMITED ThiteenthRespondent ‘AFRICAN RENAISSANCE INVESTMENT MANAGEMENT (PTY) LTD Fourteenth Respondent ‘STANDARD BANK GROUP LIMITED Fieenth Respondent NEW SOLUTIONS (PTY) LTD ‘Sbdeenth Respondent ITHALA LIMITED Seventeenth Respondent KTS TECHNOLOGY SOLUTIONS CONSORTIUM Eighteonth Respondent ‘THE SOUTH AFRICAN RESERVE BANK Nineteenth Respondent THE PAYMENT ASSOCIATION OF SOUTH AFRICA —__Twenteth Respondent CONFIRMATORY AFFIDAVIT \.the undersigned WISEMAN KHEHLA MAGASELA do hereby make oath and state that:| am a Deputy Director General in the Department of Social Development (the Department) responsible for research and polley development. Between 8 and 42 March 2017 | was the acting Chif Executive Officer CEO”) of the second respondent (‘SASSA') during the absence on sick leave of the curent CEO of ‘SASSA, MrThokozani Magwaza, Mr Magwaza returned to office on 1 Mareh 2017. “The facts contained herein are within my personal knowledge unless otherwise stated or apparent from the context, and are to the best of my knowledge and belle true and corect | deposod to an affidevit dated 13 March 2017 in response to the Ghif Justice's dwetions dated 8 March 2017. The affidavit was delivered after the 16h00 time set in the dictions. The reacon fortis is explained in an affidavit deposed toby [SASSA'S attomey of record, Mr TIMOTHY MANDLA SUKAZI, in support of en ‘application for condonation that tothe best of my knowledge was celvered this morning ‘During the four daye in which I ected as CEO of SASSA, and yesterday, when | no longer held that office, 1 made every reasonable effort to comply wih this Court's directions, | believe thatthe Minister did as well am nat sure whether she wil be able to depose to an affidavit confiming tis by the 100 deadline row set, but | know that she did depose to an affidavit yesterday dealing wth the ‘matters set out inthe directions. Thamo Mzobe, who acted as SASSA CEO for a short petiod prior to my appointment, was taken Il and hospitalized on or about 7 March 20°7, before the relevant directions were made, | do not believe that she could d> anything to assist inthe preparation ofthe afidavis that were signed yesterday evening. | have read the affidavit of TIMOTHY MANDLA SUKAZI dated <¢ Mt {and confim is contents insofar as they relate to me. WISEMAN KHEHLA MAGASELA (Ss 330| certty thatthe above deponent has acknowledged to me that he knows and Understands the contents of his affidavit, which affidavit was signed and sworn to before me at_SkNDTON on this the _t4t_day of MARCH 2017, in ‘accordance with the requirements of Government Notice R1258 dated 2° July 1972 as amended by Government Notices R1648 dated 19 August 1977 and R1428 dated ‘Vf July 1980 and by GN R774 of 23 Apri 1982. IISSIONER OF OATHS: Gugulethu Meloa ‘COMMISSIONER OF OATHS. Practising attorney POSWA INCORPORATED ‘st Foor, Block & Sanéton Glose Two Cone Sth Street & Norwich Close ‘Sandton, South Africa 2140 31