Dlamini finally settles R650,000 personal costs order in Sassa
Former social development minister Bathabile Dlamini has paid over half a million rand out of her own pocket to settle a costs order handed down in the Constitutional Court in 2018.
The Centre for Applied Law Studies (CALS) announced Dlamini’s belated payment in a statement yesterday.
Dlamini is believed to have settled the amount in the past two weeks.
The centre noted Dlamini’s tardiness in settling the outstanding bill, totalling about R650,000, and criticised her for ignoring letters of demand, changing attorneys and making every effort to avoid paying before settling.
Two years after the court ordered her to do so, Dlamini finally paid the two nonprofit organisations (NPOs) that took her to task over the social grants debacle.
“We have been gratified to note that in the past two weeks the order has now been complied with and Dlamini has paid our costs,” the centre said.
In the 2018 case, the Black Sash and Freedom Under Law persuaded the apex court that Dlamini should pay out of her own pocket for her role in the social grants.
The Black Sash drew on adverse findings against Dlamini made by retired judge Bernard Ngoepe.
He led an inquiry into the social grants debacle with Cash Paymaster Services (CPS).
The matter relates to a case involving a tender to pay out social grants awarded to CPS that had expired — but was renewed repeatedly.
Dlamini was accused of failing to make sure the SA Social Security Agency (Sassa) was capacitated to pay out social grants after the contract with CPS expired.
The apex court deemed Dlamini’s conduct reckless and negligent, which was sufficient reason for a personal costs order.
Justice Johan Froneman, who wrote the unanimous judgment of 2018, said Dlamini was culpable for misleading the court, so it was proper that she should personally pay for her role in the “sorry saga” around social grants.
The court said there must be consequences, because the finding against Dlamini was so serious in the context of providing social grants to SA’s most needy.
Dlamini opposed the personal costs punishment, arguing it violated the separation of powers.
The court found no merit in that argument.
She argued further that the Constitutional Court did not have authority to hold a minister to account by paying personal costs.
The court ruled in the NPOs’ favour.
Sassa and its chief executive were made to pay the lion’s share of the costs, while Dlamini was ordered to pay 20% of the bill herself.
Calls to Dlamini’s spokesperson went unanswered yesterday.