The Constitutional Court on Thursday ordered an investigation into Social Development Minister Bathabile Dlamini's personal liability for the Sassa contract debacle.
Law expert Pierre de Vos said courts seldom hold a politician liable for the costs of a court case which deals with issues relating to their department.
"It would not be the first time (if it happens), but seldom does. It would be quite unusual for this to happen. In terms of setting a precedent for similar cases in the future, it is difficult to say," De Vos said.
The Constitutional Court in March slammed Dlamini for "incompetence" and for failing to perform her constitutional obligation to find a new service provider to manage social grants. The court earlier found that the contract with the current service provider Cash Paymaster Services was invalid.
Dlamini told the Constitutional Court that the social grants crisis was effectively the fault of Sassa chief executive, Thokozani Magwaza. In an affidavit filed at the court, Dlamini reportedly said she should have demanded more accountability from Sassa officials.