Dlamini’s conduct reckless and grossly negligent – judges

The Constitutional Court described former social development minister Bathabile Dlamini’s conduct as reckless and grossly negligent‚ saying she failed to disclose information before an inquiry into her role in the social grants debacle.

On Thursday‚ the court found that Dlamini should be personally liable for 20% of the legal costs of the Black Sash Trust and Freedom Under Law application‚ including costs of two counsel.

It ordered that Dlamini‚ the SA Social Security Agency (Sassa) and its chief executive pay 80% of the legal costs in their official capacity.

The court also directed that the director of public prosecutions make a call on whether Dlamini should be prosecuted and charged for perjury for lying under oath.

The unanimous judgment was penned by justice Johan Froneman.

In it‚ Dlamini was criticised for her role in the handling of the Sassa debacle.

The court ordered that copies of the judgment and the findings of an inquiry headed by judge Bernard Ngoepe – held to determine Dlamini’s role in the social grants saga – be forwarded to the director of public prosecutions.

Ngoepe had criticised Dlamini in May for her testimony during the probe.

He said that:

● She unjustifiably answered “I don’t know” or “I don’t remember” to important questions.

● She gave long answers that did not relate to the question asked.

Ngoepe also pointed out that he had, at one stage, even questioned whether the interpreter had correctly conveyed a question‚ but he had no doubt that Dlamini had understood the question given her command of English. “She was too evasive to some questions. She would answer questions with questions‚” Ngoepe said.

The inquiry was ordered by the Constitutional Court to determine culpability around the social grants crisis.

Dlamini was accused of failing to ensure that Sassa was equipped to administer social grants after a contract with Cash Paymaster Services (CPS) was due to expire.

The court was forced to extend the contract‚ even though it had been found illegal.

Civil society organisations have welcomed the ruling.

“This is a victory for the South African public‚” Black Sash Trust national director Lynette Maart said.

Centre for Applied Legal Services acting deputy director Wandisa Phama said: “The judgment sets an important precedent for holding public officials accountable for their reckless and negligent actions in executing their duties.

“This is a step towards ensuring that a similar crisis never happens again,” Phama said.