Conviction of former minister of social development a 'watershed moment in our justice system'

The conviction of former minister of social development and ANC Women's League president Bathabile Dlamini has been described as a “watershed” moment in the country where politicians, ministers and members of parliament would not get away with lying in court and to citizens.

This is how Black Sash CEO Rachel Busaka described Wednesday's conviction of Dlamini, 59, for perjury in the Johannesburg magistrate's court for lying under oath over her involvement in the social grants distribution crisis.

The human rights organisation and Freedom Under Law dragged Dlamini to court as they blamed her for the crisis.

“It's a watershed moment in our justice system. What we've previously seen in our justice system is someone who's previously sat in parliament, a minister or someone politically connected, if there was some form of consequence, it would usually be in the form of a civil case and this is the first time we're seeing someone prosecuted criminally for perjury,” Busaka said.

“We're very excited and happy to see wheels of justice turn. We're finally at a place where the message is everyone is equal before the law. We support the findings of the court and we'll keenly pursue what transpires with the sentencing.”

Busaka said the judgment would not necessarily restore people's trust in the justice system, but it went a long way.

“We're seeing a judiciary that is really strong and brave enough to treat everyone equally before the law without fear or favour. We're moving in the right direction and seeing that kind of shift".

Busaka added she hoped this was a sign of things to come and not a once off for politicians that lied in court.

The case came after the Constitutional Court's recommendation that Dlamini be investigated for perjury after an inquiry it instituted into her role in the social grants distribution crisis found her to have given false evidence.

The apex court had declared the social grants distribution contract between SA Social Security Agency (Sassa) and Cash Paymaster Services invalid but suspended the invalidity effectively to enable the department to build internal capacity to distribute the grants to its 18 million recipients.

Dlamini was found by the inquiry, which was headed by retired Gauteng judge president Bernard Ngoepe, to have falsely claimed that she did not attend meetings of work streams as the minister despite evidence that she had ordered that work streams report directly to her on the social grants saga.

Dlamini is not the first high-ranking politician to be found to have lied under oath. In 2018, then home affairs minister Malusi Gigaba was found to have done so by the Pretoria high court but got away with a slap on the wrist. Dlamini is the first to be convicted of perjury.

ANC national spokesperson Pule Mabe said: “We have not issued a statement yet. We're studying the judgment and we'll issue a statement once we understand the facts fully.” 

Magistrate Betty Khumalo said the state had succeeded in proving that Dlamini had committed perjury.

“I therefore find that the state has succeeded to prove the main cost of perjury. As such, the accused is found to have unlawfully and intentionally deposed of false evidence in substance to the effect that the work streams did not report directly to her and that she did not attend the meetings of the work streams and get their briefings on the progress of their work,” Khumalo said.

Wits Schools Of Governance adjunct professor Alex van der Heever said it also came down to people laying the appropriate charges and we have to question why people held back.

“There's been too much deference to the executive within the state.

“These people have not been acting properly and we have to hold them to a higher standard than usual because they lead society.

“We've been holding them to a much lower standard and they're not fit for office.

“There's been reluctance to open such cases up until now. It's set to change,” Van der Heever said.

Arialla Scher of the Centre of Applied Legal Studies which represented the Black Sash in the inquiry said the law clinic had demonstrated that Dlamini had in her duties and further lied deliberately before the court to avoid being held to account.

Scher said the guilty verdict against Dlamini was sending a clear warning to public officials to act ethically and in the public interest.

“The decision demonstrates that public officials have a duty to act ethically and must be held to account when they do not,” Scher said.

While Dlamini’s defence counsel argued during mitigation of sentence that Dlamini had not benefited from the offence and that it was not a major offence, Scher said dishonest conduct by those who held higher office often had severe consequences for the poor.

“Perjury is not a victimless crime, especially for sitting cabinet ministers. In this case, Ms Dlamini’s dishonesty contributed to an ongoing crisis in the social grants system that threatened the millions of beneficiaries who rely on it every month.”

State prosecutor Jacob Serepo told the court after the guilty verdict that Dlamini was a repeat offender as she had a previous 2006 conviction of fraud in which she paid R120,000 to avoid a five-year jail term for abusing parliamentary vouchers with 13 other ANC MPs.

Dlamini’s lawyer Tim Phahlane pointed out that the fraud conviction was old and that she had to be treated as a first-time offender.

Phahlane said Dlamini would not afford a hefty fine with her monthly R40,000 parliamentary pension and her R70,000 she was getting as the president of the ANCWL which she could soon forfeit if she loses the upcoming conference scheduled for June.

Prosecutor Matthews Rampyapedi said Dlamini had to be slapped with a sentence that reaffirmed the centrality of accountability among those who held public office.

“At the pinnacle of this offence is accountability. We expect a certain standard of honesty from our public servants. When called upon to come and account, one should do so, honestly and in good faith. She was heading a department that is taking care of the needs of our downtrodden and more impoverished,” Rampyapedi said.

Dlamini is back in court for sentencing on April 1.

ANC leaders who had come to court to back her, including suspended ANC secretary Ace Magashule, national executive committee member Tony Yengeni and former North West premier Supra Mahumapelo said they would awaiting the sentence before speaking on the case.