By Lehlohonolo Lehana.
ANC Women’s League president and former minister of social development Bathabile Dlamini has been found guilty of perjury after her case was temporarily adjourned due to technical glitches at the Johannesburg Magistrate’s Court on Wednesday.
Magistrate Betty Khumalo was midway through her ruling when the court’s recording system malfunctioned and made loud sounds, forcing the adjournment.
The case against Dlamini relates to her giving false evidence under oath in the affidavits before the Constitutional Court and orally before the inquiry initiated by the apex court into the SA Social Security Agency’s (Sassa’s) lucrative and unlawful contract to distribute social grants awarded to Cash Paymaster Services.
In 2018, the Constitutional Court ordered its registrar to refer its ruling to the National Prosecuting Authority (NPA) to consider whether Dlamini lied under oath and, if so, whether she should be prosecuted for perjury.
The NPA decided to prosecute Dlamini in August last year, after the inquiry, headed by retired Gauteng Judge President Bernard Ngoepe, found that she had not only failed in her duties but had also to disclose information to the apex court for fear of being held liable for the crisis in her personal capacity.
In addition, the Constitutional Court ordered Dlamini, in her personal capacity, to pay 20% of the costs of Black Sash Trust and Freedom Under Law, which had brought the application against her, the social development department and Sassa.
Dlamini pleaded not guilty when her trial started in November and, a month later, she attempt to be discharged from facing the charges.
Magistrate Khumalo found that the prosecution had proved its case beyond a reasonable doubt and that the former minister had lied under oath.
“I am finding that the state has succeeded to prove the main count of perjury. As such, the accused is found to have knowingly and intentionally disposed of false evidence in substance to the effect that the work streams did not directly report to her, that she did not attend meetings of the work streams,” said Khumalo.
Dressed in a red coat and navy pants, Dlamini appeared to be in disbelief after Khumalo’s judgment.
Suspended ANC secretary-general Ace Magashule, former North West premier Supra Mahumapelo, ANC national executive committee member Tony Yengeni, former Cabinet minister Des van Rooyen and spokesperson for the now-disbanded uMkhonto weSizwe Military Veterans Association Carl Niehaus were among Dlamini’s prominent supporters present in court.
Dlamini will learn whether she will go to prison or be fined next month after she was found guilty of perjury.