Bathabile Dlamini’s perjury case postponed to April for sentencing

Former social development minister Bathabile Dlamini will learn whether she will go to prison or be fined next month after she was found guilty of perjury.

Sentencing proceedings got underway at the Johannesburg Magistrate’s Court on Wednesday after Dlamini was found guilty in her case relating to the South African Social Security Agency (Sassa) 2017 crisis.

Dlamini’s attorney Tshepiso Mphahlane made submissions, arguing against direct imprisonment, and made a request to Magistrate Betty Khumalo that the court slap Dlamini with a suspended fine as sentencing.

The former minister previous paid a R120,000 fine after she was convicted of fraud in 2006.

But Mphahlane said Dlamini’s conviction had been cleared from her record, and that the former minister should be treated as a first time offender.

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Meanwhile, state prosecutor Advocate Jacob Serepo indicated that Dlamini should be imposed with a “hefty fine” or face imprisonment should the former minister fail to do so.

In response to this, Mphahlane agreed to a fine, but not a hefty one because Dlamini’s finances.

The lawyer said Dlamini is a 59-year-old single parent who is currently paying university fees for her two children, aged 19 and 26.

He also pointed out that Dlamini receives R40,000 pension as a former member of parliament (MP), in addition to the R70,000 she earns as the president of ANC’s Women League (ANCWL).

After hearing both arguments, Magistrate Khumalo postponed the matter to 1 April for sentencing.

Khumalo, however, said Dlamini has been released on warning, and a warrant of arrest may be issued if the former minister fails to show up on the day.

Guilty

Earlier in the proceedings, Khumalo delivered her ruling, saying the state had “succeeded” in proving “beyond reasonable doubt” that Dlamini lied under oath.

“The accused is accordingly found guilty as charged in respect of the main charge of perjury,” Khumalo said.

Dlamini was accused of having lied under oath while giving testimony during an inquiry instituted by the Constitutional Court (ConCourt) in 2018.

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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 ordered to pay litigation fees, which she paid in 2021.

 Black Sash and Freedom Under Law (FUL) were owed 20% of the litigation costs during their court challenge to the first extension of the Cash Paymaster Services (CPS) contract for the payment of social grants.

Both organisations had brought an application to the ConCourt in a bid to hold Dlamini accountable for her role in the Sassa crisis, which placed the livelihoods of 17 million grant recipients at risk.