Johannesburg – Former Social Development Minister Bathabile Dlamini is facing charges of perjury related to her testimony on the social grants crisis.
The Director of Public Prosecutions in Gauteng has decided to prosecute Dlamini, who is also the president of the ANC Women’s League.
Dlamini is accused of giving false evidence during the inquiry – which was established at the behest of the Constitutional Court – into the social grants crisis in 2017.
Black Sash, which was represented by the Centre for Applied Legal Studies (CALS) presented evidence that Dlamini had failed in her duties to ensure that the South African Social Services Agency (Sassa) was equipped to take over paying grants when an invalid contract with Cash Paymaster Services came to an end.
Judge Bernard Ngoepe found that 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.
Ngoepe’s report described Dlamini as an “evasive” witness. In its judgement in September 2018, the Constitutional Court found Dlamini conduct had been “reckless and grossly negligent” and ordered her to pay a portion of the costs of litigation.
Ariella Scher, attorney at CALS, said they noted that Dlamini complied with the Constitutional Court cost order earlier this year.
“The decision to prosecute her for perjury sends the message once again that everyone is equal before the law and even those occupying some of our highest offices must be held accountable for their actions,” she said.
Rachel Bukasa, executive director at the Black Sash Trust, said the decision to prosecute Dlamini was a significant moment for holding public officials personally accountable for the execution of their duties and to protect the integrity of the social security system.
“The Black Sash remains committed to its goal to ensure that the right to social security is fully realised. While we are pleased that the COVID-19 Social Relief of Distress Grant has been reinstated with the eligibility criteria expanded to include unemployed caregivers, we will continue to advocate for permanent social assistance for the unemployed while a universal basic income remains the ultimate aim,” she said.
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