Former social development minister Bathabile Dlamini has paid over half a million rand from her own pocket to settle a costs order handed down in the Constitutional Court in 2018.
The Centre for Applied Legal Studies (CALS) noted Dlamini’s tardiness in settling the outstanding bill, totalling about R650 000, and criticised Dlamini for ignoring letters of demand, changing attorneys and making “every effort to avoid paying” before settling.
The payment was made to the two NGOs that challenged her over the social grants debacle.
In 2018, Black Sash and Freedom Under Law persuaded the ConCourt that Dlamini should pay personally for her role in the social grants crisis. Retired judge Bernard Ngoepe, who led an inquiry into the debacle with Cash Paymaster Services (CPS), drew adverse findings against Dlamini.
A tender to pay out social grants which had been awarded to CPS had expired, and had then been renewed repeatedly. Dlamini was accused of failing to make sure the SA Social Security Agency (Sassa) was capacitated to pay out social grants after the contract with CPS expired.
The ConCourt held that Dlamini’s conduct was reckless and negligent, and thus sufficient reason for a personal costs order.
Dlamini was held culpable for misleading the court, so it was proper that she should personally pay for her role in the “sorry saga”.
The court said there must be consequences, because the finding against Dlamini was serious in the context of providing social grants to South Africa’s most needy recipients. Dlamini opposed the personal costs punishment, arguing that it violated the principle of separation of powers. The court found no merit in that argument.
Dlamini was ordered to pay 20% of the costs.
[Picture: MASI LOSI for Business Day]