Johannesburg - The perjury case against ANC Women’s League president and former social development minister Bathabile Dlamini has been 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.
She argued there was no evidence presented by the State that she committed perjury or lied under oath.
However, Magistrate Khumalo dismissed Dlamini’s application to be discharged and the NPA vehemently opposed her bid.
The magistrate found that the State had a prima facie case that had left some questions which only the accused (Dlamini) could answer.
Khumalo also felt that another court may, after serious consideration of the evidence, find similarly.
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 are among Dlamini’s prominent supporters present in court.
Political Bureau