Sunday, 30 September 2018

Bathabile Dlamini is personally liable for part of the legal costs of the Sassa saga


Former social development minister Bathabile Dlamini has been ordered to pay 20% of the legal costs related to the 2017 South African Social Security Agency (Sassa) debacle, out of her own pocket.

The Constitutional Court handed down its judgment on Thursday in relation to the cost order for the application brought by Sassa and Dlamini, which resulted in the grants payment contract with Cash Paymaster Services (CPS) being extended in 2017. In March 2017, the Constitutional Court ordered that CPS continue to pay grants for 12 months‚ after it was found that Sassa could not take over distribution‚ despite previously saying it could.

Thursday’s judgment comes after an inquiry, headed by judge Bernard Ngoepe, into whether Dlamini should be held personally liable was conducted. The inquiry had submitted its report to the court.

Ngoepe found that Dlamini was a “less than satisfactory witness” who was evasive.

He also found that controversial workstreams had been appointed by Dlamini and reported directly to her and that she was aware of their actions, despite stating otherwise in court documents and testimony.


The Constitutional Court also ordered that the findings from the inquiry and this judgment be handed over to the National Prosecuting Authority (NPA) to consider whether Dlamini lied under oath and if she should be prosecuted for perjury. 

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