The Constitutional Court has 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 apex 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.
The court ordered that the former minister‚ the SA Social Security Agency (Sassa) and its CEO 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 finding was made by the Constitutional Court in a unanimous judgment‚ penned by Justice Johan Froneman. In it‚ Dlamini was criticised for her role in the handling of the Sassa debacle.
The court also directed 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 to consider whether she lied under oath and should be prosecuted for perjury.