Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

      Vodacom to take control of Safaricom in R36-billion deal

      4 December 2025
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
      BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

      BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

      4 December 2025
      'Get it now': Takealot in new instant deliveries pilot

      ‘Get it now’: Takealot in new instant deliveries pilot

      4 December 2025
      What South Africans searched for most in 2025

      What South Africans searched for most in 2025, according to Google

      4 December 2025
    • World
      Amazon and Google launch multi-cloud service for faster connectivity

      Amazon and Google launch multi-cloud service for faster connectivity

      1 December 2025
      Google makes final court plea to stop US breakup

      Google makes final court plea to stop US breakup

      21 November 2025
      Bezos unveils monster rocket: New Glenn 9x4 set to dwarf Saturn V

      Bezos unveils monster rocket: New Glenn 9×4 set to dwarf Saturn V

      21 November 2025
      Tech shares turbocharged by Nvidia's stellar earnings

      Tech shares turbocharged by stellar Nvidia earnings

      20 November 2025
      Config file blamed for Cloudflare meltdown that disrupted the web

      Config file blamed for Cloudflare meltdown that disrupted the web

      19 November 2025
    • In-depth
      Jensen Huang Nvidia

      So, will China really win the AI race?

      14 November 2025
      Valve's Linux console takes aim at Microsoft's gaming empire

      Valve’s Linux console takes aim at Microsoft’s gaming empire

      13 November 2025
      iOCO's extraordinary comeback plan - Rhys Summerton

      iOCO’s extraordinary comeback plan

      28 October 2025
      Why smart glasses keep failing - no, it's not the tech - Mark Zuckerberg

      Why smart glasses keep failing – it’s not the tech

      19 October 2025
      BYD to blanket South Africa with megawatt-scale EV charging network - Stella Li

      BYD to blanket South Africa with megawatt-scale EV charging network

      16 October 2025
    • TCS
      TCS+ | How Cloud on Demand helps partners thrive in the AWS ecosystem - Odwa Ndyaluvane and Xenia Rhode

      TCS+ | How Cloud On Demand helps partners thrive in the AWS ecosystem

      4 December 2025
      TCS | MTN Group CEO Ralph Mupita on competition, AI and the future of mobile

      TCS | Ralph Mupita on competition, AI and the future of mobile

      28 November 2025
      TCS | Dominic Cull on fixing South Africa's ICT policy bottlenecks

      TCS | Dominic Cull on fixing South Africa’s ICT policy bottlenecks

      21 November 2025
      TCS | BMW CEO Peter van Binsbergen on the future of South Africa's automotive industry

      TCS | BMW CEO Peter van Binsbergen on the future of South Africa’s automotive industry

      6 November 2025
      TCS | Why Altron is building an AI factory - Bongani Andy Mabaso

      TCS | Why Altron is building an AI factory in Johannesburg

      28 October 2025
    • Opinion
      Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

      Your data, your hardware: the DIY AI revolution is coming

      20 November 2025
      Zero Carbon Charge founder Joubert Roux

      The energy revolution South Africa can’t afford to miss

      20 November 2025
      It's time for a new approach to government IT spend in South Africa - Richard Firth

      It’s time for a new approach to government IT spend in South Africa

      19 November 2025
      How South Africa's broken Rica system fuels murder and mayhem - Farhad Khan

      How South Africa’s broken Rica system fuels murder and mayhem

      10 November 2025
      South Africa's AI data centre boom risks overloading a fragile grid - Paul Colmer

      South Africa’s AI data centre boom risks overloading a fragile grid

      30 October 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » Why the Bathabile Dlamini judgment is so significant

    Why the Bathabile Dlamini judgment is so significant

    By Ray Mahlaka28 September 2018
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    A judgment by the constitutional court that compels former social development minister Bathabile Dlamini to pay 20% of the legal costs associated with the social grants fiasco out of her own pocket is a significant development for the public.

    The unanimous judgment delivered by Justice Johan Froneman on Thursday sets a precedent in ensuring that public officials be directly held to account for their delinquent and reckless actions. It’s also about building responsive governance within the state, ensuring that public officials ethically fulfil their constitutional mandate to serve the public, especially vulnerable social grant beneficiaries.

    Judgments that slap public officials with personal legal cost orders are still rare for our highly effective courts, unless the conduct of public officials is so egregious that the welfare of citizens is placed in jeopardy.

    The nation has a better chance of discovering that unicorns exist than Dlamini deciding to act in the best interest of the country

    A cascade of government scandals and governance failures that have adversely impacted service delivery to the populace are prompting courts, after careful consideration, to directly sanction public officials.

    Dlamini — currently minister of women in the presidency — now joins former president Jacob Zuma and public protector Busisiwe Mkhwebane as state officials who have been ordered by high courts to pay legal costs out of their own pockets. In Zuma’s case, it was for his application to interdict the release of the state of capture report; and Mkhwebane for her nasty fight with the Reserve Bank over her report on the apartheid-era bail-out given to Bankorp.

    Meanwhile, Dlamini’s trail of governance scandals is long.

    The latest judgment against her stemmed from the matter brought by two civil rights groups — the Black Sash and Freedom Under Law — which wanted to protect the social grant system when the contract between the South African Social Security Agency (Sassa) and Cash Paymaster Services (CPS) expired in March 2017.

    The court was left with no choice but to extend the CPS contract for another year as Sassa could not take over the payment of social grants. The Black Sash pushed for Dlamini to pay legal costs as she acted “unreasonably and negligently” in handling social grants.

    Inquiry

    The views of the Black Sash were shared by a Section 38 Inquiry mandated by the court and chaired by retired Judge Bernard Ngoepe into Dlamini’s role in the 2017 social grants crisis.

    In his report, which was submitted to the court, Ngoepe found that Dlamini misled the inquiry about appointing the “workstreams”, a parallel function within Sassa established in July 2016 that comprised advisors hand-picked by Dlamini to investigate Sassa’s capacity to take over social grant payments from CPS. The workstreams reported directly to Dlamini, undermining Sassa senior officials and contravening governance protocol.

    Froneman had scathing words about Dlamini misleading the inquiry and, effectively, the court.

    Former social services minister Bathabile Dlamini (image c/o GCIS)

    “At best for her, her conduct was reckless and grossly negligent. All that is sufficient reason for a personal cost order. This conclusion is a serious and sad one, especially in the context of the provision of social grants to the most needy in society … minister Dlamini must, in her personal capacity, bear a portion of the costs … Her conduct is inimical to the values underpinning the Constitution that she undertook to uphold when she took up office.”

    Dlamini might face criminal prosecution for perjury. Froneman ordered that the findings from the Ngoepe inquiry be handed over to the National Prosecuting Authority (NPA) to consider whether Dlamini lied under oath and if she should be prosecuted for perjury.

    If the NPA, which also faces its own credibility issues, finds that Dlamini lied, she would be the second official in president Cyril Rampahosa’s cabinet to have committed perjury.

    Any self-respecting public official who was found to have misled a court would resign or be fired from cabinet

    Former finance minister Malusi Gigaba, who is now home affairs minister, was found to have lied under oath by a high court in February.

    Any self-respecting public official who was found to have misled a court would resign or be fired from cabinet. To expect Dlamini to resign would be ambitious; she enjoys political protection within internal ANC structures and is crucial to Ramaphosa’s support base in the party. The nation has a better chance of discovering that unicorns exist than Dlamini deciding to act in the best interest of the country.

    Although Froneman’s judgment is positive and once again demonstrates how courts have again stepped in to save the nation from political delinquency, it’s still a shock for taxpayers.

    The remaining 80% of legal costs will have to be paid by the department of social development and Sassa — in other words, taxpayers. The legal bill, which we’re told runs into millions but will still be determined by various lawyers in the matter, will add to Sassa’s already bloated irregular, fruitless and wasteful expenditure of more than R1-billion.

    • This article was originally published on Moneyweb and is used here with permission


    Bathabile Dlamini Cash Paymaster Services CPS Sassa top
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleHacker to live-stream attack on Zuckerberg’s Facebook page
    Next Article Tesla without Elon Musk? Time to ponder the once unthinkable

    Related Posts

    Fingerprints, facial scans now mandatory for Sassa grants

    Fingerprints, facial scans now mandatory for Sassa grants

    27 August 2025
    Schreiber finds ally in Capitec as TymeBank cries foul over fees

    Compulsory biometric tests for some Sassa beneficiaries

    24 April 2025
    Standard Bank raises alarm over AI-driven fraud

    How South Africa’s social grants system was defrauded on a massive scale

    6 January 2025
    Company News
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Telcos are sitting on a data gold mine - but few know what do with it - Phillip du Plessis

    Telcos are sitting on a data gold mine – but few know what do with it

    4 December 2025
    Unlock smarter computing with your surface Copilot+ PC

    Unlock smarter computing with your Surface Copilot+ PC

    4 December 2025
    Opinion
    Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

    Your data, your hardware: the DIY AI revolution is coming

    20 November 2025
    Zero Carbon Charge founder Joubert Roux

    The energy revolution South Africa can’t afford to miss

    20 November 2025
    It's time for a new approach to government IT spend in South Africa - Richard Firth

    It’s time for a new approach to government IT spend in South Africa

    19 November 2025

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

    Vodacom to take control of Safaricom in R36-billion deal

    4 December 2025
    Black Friday goes digital in South Africa as online spending surges to record high

    Black Friday goes digital in South Africa as online spending surges to record high

    4 December 2025
    BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

    BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

    4 December 2025
    © 2009 - 2025 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}