The landmark judgement has ordered former minister of Social department Bathabile Dlamini to pay up 20% of legal costs of Black Sash Trust and Freedom Under Law including the cost of of two counsels, in her personal capacity.
Judge Johan Froneman, was unapologetic when handing down the judgement, describing her “reckless and grossly negligent”.
“Some of Minister Dlamini’s evidence under oath in affidavits before the court and orally in the inquiry was false. The registrar of the court must be directed to forward a copy of the inquiry report and this judgment to the director of public prosecutions to consider whether minister Dlamini lied under oath and if so must be prosecuted for perjury,” said Froneman.
The Constitutional Court further found that because she had misled it to protect herself, the National Prosecuting Authority should decide whether or not she ought to be prosecuted for perjury.
In August, ConCourt said Dlamini was left off the hook when it ruled that Dlamini was not negligent nor did she act in bad faith by bringing in an application for the extension of Cash Paymaster Services contract in February.
During her tenure as minister of the department, Dlamini was on constant loggerheads with ex-Sassa chief executive, Thokozani Magwaza and the former Social Development director general, Zane Dangor.
Dlamini was accused for thwarting plans to move payment system to South African Post Office and causing a rift amongst senior personnel, that resulted in millions of deserving grants recipients struggling to access their funds.
Dlamini who is now the in the department of women in the Presidency, is the ANCWL president.
It seems Bathabile ain’t thabile no more…
At the time of publishing Dlamini had not provided a comment.
