Supreme Court
By Lerato Mpembe
The Supreme Court of Appeal has ruled that former Social Development Minister Bathabile Dlamini must repay R2 million to the South African Social Security Agency (SASSA). The judgment follows allegations that Dlamini abused her power in 2014 when she directed then-SASSA CEO Virginia Petersen to procure private security services for her children and for the children of her spokesperson, Lumka Oliphant.
The court found Dlamini’s actions to be unlawful and beyond the scope of her ministerial authority. This landmark ruling brings an end to a long legal battle that saw Dlamini, Petersen, and Oliphant challenging an earlier Gauteng High Court decision, which also ordered them to repay the money.
Background of the Case
The controversy dates back to 2014 when Dlamini allegedly ordered SASSA to use its funds to procure protection services from Vuco Security Solutions. These services were provided for Dlamini’s children, as well as for Oliphant and her children. The total amount paid for these services was nearly R3.5 million, of which R2 million was spent on Dlamini’s children alone, while R1.4 million was used for Oliphant and her family.
The case drew widespread criticism, as SASSA is mandated to provide social grants and not to fund personal security services for government officials or their families.
Court Findings
The Supreme Court of Appeal concluded that Dlamini acted outside her ministerial powers and abused her authority. The court stated that SASSA’s mandate, as outlined in the SASSA Act, does not include the provision of protection services for individuals employed in other government departments or their families. The judgment emphasised that Dlamini should have used her executive authority within the Department of Social Development to secure such services through proper channels, rather than misappropriating SASSA funds.
Key Judgments
1. Unlawful Conduct: The court deemed Dlamini’s actions as an abuse of power, highlighting that her decision to use SASSA funds for personal benefits undermined the agency’s core mission.
2. Accountability: Both Dlamini and Petersen were held liable for their roles in the unlawful procurement. The appellate court reinforced the need for accountability among public officials, especially when handling public funds.
3. Reimbursement Order: The court ordered Dlamini to repay over R2 million, while additional repayments were directed at Petersen and Oliphant for their involvement.
Reaction from SASSA and Legal Experts
Legal experts have welcomed the ruling as a significant step towards ensuring accountability in the misuse of public funds. “This decision underscores the principle that public officials cannot act with impunity,” said legal analyst Thabo Mokoena. “The judgment sends a clear message that abuse of state resources will not go unpunished.”
SASSA, which has faced numerous challenges over the years, also expressed relief at the outcome, stating that the funds recovered will go towards fulfilling its mandate of providing much-needed social grants.
Implications for Public Officials
The case has reignited debates around governance and accountability in South Africa. Civil society organisations, including Corruption Watch, have applauded the judgment, calling for stricter oversight of government spending. “This ruling is a wake-up call for all public servants to respect the rule of law and the proper use of state resources,” said a spokesperson for the organisation.
The ruling also highlights the broader issue of financial mismanagement within government institutions. Analysts have pointed out that similar cases of misuse of funds are prevalent across various government departments, calling for systemic reforms to prevent future abuses.
Dlamini’s Legal Battles
This is not the first time Bathabile Dlamini has faced legal troubles. The former minister has previously been embroiled in controversies, including her role in the SASSA grants payment crisis in 2017, which almost left millions of grant beneficiaries without payments. In that case, the Constitutional Court found Dlamini personally liable for part of the legal costs incurred during the debacle.
Dlamini’s political career has also taken a hit in recent years. Once a prominent figure within the African National Congress (ANC) Women’s League, her reputation has been marred by allegations of corruption and mismanagement.
🔴Central News Weekly Edition 086🔴 Download the Latest Edition | Top Story: “Hung Council Persists in Thabazimbi as ANC Falls Short of Majority in By-Elections”
Download Here:
Read all our publications on magzter:
https://www.magzter.com/ZA/Central-News-Pty-Ltd/Central-News/Newspaper/All-Issues
Central News also offers Sponsored Editorial Content, Podcasts , Radio / Social Media Simulcast, Video Production , Live Streaming Services, Press Conferences, and Paid Interviews (Video/Audio) etc.
We guarantee exceptional exposure, reach, and engagement, with an excellent return on investment.
Advertisement:
To place your advert on our platforms (Print Newspaper or Digital Platforms) : Please email : sales@centralnews.co.za
For Business Related:
business@centralnews.co.za
Newsroom:
Send your Stories / Media Statements To: newsroom@centralnews.co.za
General Info:
info@centralnews.co.za
Office Administrator:
admin@centralnews.co.za
Whatsapp / Call: 081 495 5487
Website: https://www.centralnews.co.za
Social Media Platforms (@centralnewsza) : Linkedin, Facebook, Tiktok, Twitter, Instagram, Youtube