Let’s hope Dlamini ruling sets precedent
Let’s hope this principle is applied vigorously in the cases of state capture currently under investigation.
ANCWL President Bathabile Dlamini briefs media at Luthuli House in Johannesburg, 26 February 2021, on the statement of the national executive committee virtual meeting to communicate the decisions of the National Executive Committee meeting held from the 21 -22nd February2021. Picture: Nigel Sibanda
The fact that ex-social development minister Bathabile Dlamini has finally paid the legal costs awarded against her in a landmark ruling which went as far as the Constitutional Court is no positive reflection on her character.
The former minister had to be dragged, metaphorically speaking, kicking and screaming, to make the R650 000 payment.
It was only after civil society organisations the Black Sash Trust and Freedom Under Law (FUL) threatened to call in the sheriff of the court to attach her assets that Dlamini eventually complied with the Constitutional Court order.
The payment is a significant victory.
First, it confirms the correctness of the Constitutional Court order that political officials who obstruct the exercise of justice through, amongst others, legal delaying tactics, need to be held personally accountable for costs incurred. So, a government minister or official cannot waste state money on personal vendettas, or defending themselves.
Secondly, the threat of seizure of assets shows that the old-fashioned justice system still has teeth. Dlamini’s eventual capitulation shows also that others who choose to fight the same sort of losing legal battles will get punished … in their pockets.
Let’s hope this principle is applied vigorously in the cases of state capture currently under investigation.
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