Deputy minister might have to pay back ‘S&T lobola money’

Deputy Minister of Social Development Hendrietta Bogopane-Zulu, who agreed to be put under scrutiny after allegations that she used her ministry’s travel allowance to support the wedding plans of her niece and a clerk in her office, could be forced to pay back the money, according to a legal expert.

Attorney Richard Chemaly said in terms of criminal sanctions, it was unlikely there would be charges against her, but she could be ordered to pay back the money used to bankroll her niece’s lobola negotiations.

“In civil terms, however, Bogopane-Zulu may find it difficult to defend a case made in terms of the Promotion of Administrative Justice Act, which enables the courts to review administrative decisions and their power is rather broad in terms of sanction,” said Chemaly.

An order to pay back the money was entirely possibile, even from a personal account.

“This is a classic case where the law assumes government administrators are held to account politically, yet the people assume they are held to account by law … and neither happen,” he said.

The difficulty with taking this matter on legally was the fact that the comments and actions were made before the passing of the National Travel Policy Framework, which would have limited the ability to have excessive travel allowances.

“While the applicable legislation, the Public Finance Management Act, does prevent overspending, it largely leaves departments to set their own limits and by the sounds of the recordings, it appears that Bogopane-Zulu knew how to inflate per diem, while keeping within those limits,” he said.

In a brief statement issued yesterday, Bogopane-Zulu said her service to the people was beyond reproach and she accepted scrutiny from the relevant authorities to probe her conduct to see if she acted outside of the law.

“I am on record inviting that my conduct be put under scrutiny, accepting that I am a public figure,” she said.

According to City Press, Bogopane-Zulu offered to take clerk Zwidofhela Mafoko on four international trips to benefit from government’s subsistence and travel (S&T) allowance so that he could save up money to pay lobola for her niece.

He would apparently be given R18,000 per trip, of which he was expected to save R10,000 each time for the lobola.

Bogopane-Zulu has denied any wrongdoing, saying she did not misuse any public funds or motivate anyone to get more than what the public service prescribes.

“Even in the recording, it is the mother in me trying to help a young South African who is trying to do something right, and that is me …”

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