ANC Women’s League president and former social development minister Bathabile Dlamini could face jail time or a hefty fine should the Johannesburg Magistrate’s Court accept the National Prosecuting Authority’s submissions.
Magistrate Betty Khumalo yesterday convicted Dlamini of perjury for lying under oath in affidavits filed at the Constitutional Court and at the inquiry the country’s highest court ordered which was chaired by retired Gauteng High Court Judge President Bernard Ngoepe.
”I am satisfied that the accused (Dlamini) did, in her written statement, that I find does qualify as an affidavit as indicated above. Secondly, that she testified and gave false evidence at the section 38 inquiry in that she gave out that the work streams did not report directly to her and that she did not meet with them for them to give her direct reporting. It is my finding that she did, in both instances,” the magistrate found.
The inquiry was established after Dlamini contravened section 38 of the Superior Courts Act, which states that the apex court can refer any person, who after taking an oath or making an affirmation, knowingly or unknowingly gives false evidence and that he or she is guilty of perjury and liable upon conviction according to the penalties prescribed by the law of perjury.
After Dlamini was convicted but spared the humiliation of being sent to the holding cells following Khumalo’s decision to extend her warning, the 59-year-old ANC national executive committee member’s advocate, Tshepiso Mphahlane, told the court that his client received R40 000 a month from her pension as a former MP.
Prosecutor Matthews Rampyapedi called for the court to hand Dlamini a hefty fine should it feel direct imprisonment would be too harsh but said direct imprisonment would not be far-fetched in this case.
”At the centre of this offence is dishonesty with capital D. At the pinnacle of this offence is accountability. We expect a certain standard of accountability from public servants. Accountability, accountability. This is what we want from our public servants,” he said.
Rampyapedi said Dlamini’s offence was not a trivial one, more so when considering the position she held at the time, as minister of social development, and her department was taking care of the impoverished and downtrodden.
”It is therefore imperative that the community out there should see the justice system in action. The perception that the law only protects the rich, the politically connected should find its way out of the justice system,” he added.
According to Mphahlane, as ANC Women’s League president, Dlamini was paid R70 000 a month but pointed out that this was not a permanent position but a five-year term that has already come to an end and the league’s next conference is planned for June this year.
”She may or may not be re-elected. In determining her actual income to be considered by this court, I would submit the court considers R40 000,” he said.
He said the R70 000 she received from the ANC Women’s League was attached to the position she is about to vacate.
Dlamini, Mphahlane explained, used the R40 000 to maintain herself as well as her household as she is a single parent.
She also pays university tuition fees for her two daughters, who are aged 26 and 19, as well as assisting with tuition for her niece, who is also at a higher education institution.
Mphahlane maintained that Dlamini did not benefit out of the transgression at all and that the Constitutional Court had already ordered her to pay part of the costs to the litigation, which was substantial money.
He said a fine would be the most appropriate sentence and that due to her financial obligations it would be appropriate for Khumalo to suspend the payment for a period of time.
Khumalo adjourned the case to April 1 for sentencing, stating that she needed time to consider the submissions both in mitigation and aggravation of sentence.
Dlamini is out on warning and was told that failure to appear would result in a warrant of arrest being issued against her.
loyiso.sidimba@inl.co.za
Political Bureau