Dlamini silent over pending perjury charge stemming from social grants crisis probe

FORMER Social Development Minister Bathabile Dlamini has remained mum on a decision by the Director of Public Prosecutions (DPP) in Gauteng to prosecute her for perjury following statements to the Constitutional Court and before a section 38 inquiry.

A spokesperson for Dlamini yesterday said the former minister would not comment on the statement.

The ANC yesterday, meanwhile, said it had received news that the now National Executive Committee member and Women's League President has tested positive for Covid-19 and has been hospitalised.

The Centre for Applied Legal Studies (CALS) noted that Dlamini had been summoned to appear in the Johannesburg Regional Court on September 21, after the DPP decided to move ahead with perjury charges.

They said in a statement that the charges relate to her testimony during an inquiry instituted by the Constitutional Court into Dlamini's role in the social grants crisis several years ago. Judge Bernard Ngoepe, in early 2018, oversaw an inquiry established by the Constitutional Court into then-minister Dlamini's role in the social grants crisis the previous year.

CALS represented the Black Sash Trust at the inquiry and presented evidence that the minister had failed in her duties to “ensure that Sassa was equipped to take over paying grants” when an invalid contract with Cash Paymaster Services came to an end.

Judge Ngoepe later filed a report with the Constitutional Court, which found Dlamini had not only failed in her duties, but had also “failed to disclose information to the court for fear of being held liable for the crisis in her personal capacity”.

The report described Dlamini as an “evasive” witness, answering simple questions with, “I don't know” or “I don't remember”, or simply failing to answer at all.

The court further ordered that the judgment and Judge Ngoepe's report be forwarded to the DPP to consider whether Dlamini lied under oath and should be prosecuted for perjury.

Freedom Under Law said there is yet further accountability to be secured.

“While it was successful in its recent application to the Constitutional Court for an order to rerun the auditing and verification process of the profits earned by Cash Paymaster Services (CPS) in the unlawful social grants contract, that process has yet to be concluded.”

The NPA in Gauteng did not respond to questions yesterday.