If she made a false statement, she did not know it was false, argues Dlamini’s lawyer

Former social development minister Bathabile Dlamini will learn her fate in her perjury case relating to the South African Social Security Agency (Sassa) 2017 crisis next month.

Following a long day of closing arguments from the state and the defence on Tuesday, the Johannesburg Magistrate’s Court adjourned the case until 9 March.

“Clearly even if I wanted to give the judgment there is no way. I will still need more time to consider the evidence before me as well as the arguments and submissions that were presented today,” Magistrate Betty Khumalo said.

The former minister’s trial kicked off in November last year after having pleaded not guilty to the perjury charges against her.

She had sought to have the charges discharged, however, her application was dismissed by Magistrate Khumalo in December.

Dlamini is facing charges related to her testimony during an inquiry ordered by the Constitutional Court (ConCourt) with regards to her role in the social grants crisis of 2017.

‘Nothing political’

Earlier in the proceedings on Tuesday, state prosecutor, Advocate Jacob Serepo maintained that Dlamini lied under oath and gave false evidence at the inquiry.

Serepo also argued that there is nothing political about the prosecution against Dlamini.

“It’s solely based on the testimony of the accused during the inquiry. The record of the transcripts is testimony to that,” the prosecutor said.

Meanwhile, Dlamini’s attorney Tshepiso Mphahlane asked the court to conclude that his client did not intentionally lie during her testimony.

“If she made a false statement [then] she did not know that it was false because it is possible and it does happen,” he said.

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Mphahlane further explained: “A witness might come before you and say so-and-so was driving a blue vehicle that was involved in the accident, [but] it turns out the vehicle was red. The person is charged with perjury and it turns out the person is colourblind.”

Meanwhile, Carl Niehaus, spokesperson for the disbanded uMkhonto we Sizwe Military Association (MKMVA), and ANC member Tony Yengeni were present in court to support Dlamini.

Speaking outside the court, Niehaus insisted yet again that the case against Dlamini is politically motivated.

“From the side of those of us who continue to attend these trials not only comrade Bathabile Dlamini’s trial, but also that [the trial] of comrade Ace Magashule [and former] president Jacob Zuma… we are convinced that these trials have a very specific political intention,” he told eNCA.

Sassa crisis

The case against Dlamini originally stems from an application brought forward by Black Sash and Freedom Under Law (FUL) to ConCourt in a bid to hold the former minister accountable for role in the Sassa crisis.

An inquiry was then instituted by the apex court in 2018 over an unlawful contract between Sassa and its former grants distributor, Cash Paymaster Services (CPS).

READ MORE: Perjury conviction could ruin Dlamini’s travel plans for next 10 years

The inquiry, which was chaired by Judge Bernard Ngoepe, found that Dlamini not only failed in her duties as minister, but also failed to disclose information to the inquiry for fear of being held liable for the 2017 crisis.

The former minister was also ordered to pay litigation fees as well.

The Director of Public Prosecutions (DPP) in Gauteng decided to prosecute Dlamini for perjury in August 2021, and a summons was then issued for her to appear in court.

Additional reporting by Bernadette Wicks