SCA Orders Bathabile Dlamini to Repay
The Supreme Court of Appeal (SCA) has ruled that former Minister of Social Development, Bathabile Dlamini, must repay R2,008,086 to the South African Social Security Agency (SASSA). This amount covered unauthorized private security services for her and her spokesperson, Lumka Oliphant, in 2013. Judge David Unterhulter declared the procurement of these services illegal and set aside the contract with Vuco Security, a Durban-based company.
Background
In 2013, Dlamini authorized the hiring of private security services citing threats against her and Oliphant after SASSA terminated payments to fraudulent beneficiaries. However, the procurement violated regulations under the SASSA Act, which does not allow the agency to provide security services for individuals not directly employed by it.
Breakdown of Costs
SASSA paid a total of R3.499 million for security:
- R2.008 million for Dlamini’s family.
- R1.491 million for Oliphant and her children.
The issue came to light in 2020 when SASSA approached the courts to recover the funds. The North Gauteng High Court ruled that Dlamini, Oliphant, and then-SASSA CEO Virginia Petersen were collectively liable.
SCA Ruling
The SCA reversed the High Court’s decision concerning Petersen and Oliphant. The court found Dlamini solely responsible, as she misused her ministerial authority to coerce Petersen into approving the security expenditure.
Court Observations
- On Dlamini: The court noted that Dlamini failed to provide a satisfactory explanation for her actions. Her authority led to SASSA funding security services for her family and Oliphant’s family.
- On Petersen and Oliphant: The SCA acknowledged Petersen’s belief that her actions were lawful, influenced by perceived threats linked to SASSA’s work. However, Oliphant was a beneficiary and not directly involved in the procurement decision.
Legal Implications
Dlamini’s actions underscore concerns about governance and accountability in public office. The court emphasized that public funds must be used strictly within the bounds of the law.
SAPS’s Role and Shortcomings
The ruling also highlighted inefficiencies in the South African Police Service (SAPS). The court noted that SAPS VIP Protection services covered Dlamini but excluded her children, forcing alternative security measures.
Key Takeaways
- Unlawful Expenditure: This case highlights the importance of adhering to procurement laws and avoiding unauthorized use of public funds.
- Accountability: The judgment holds Dlamini accountable while exonerating others coerced into compliance.
- Systemic Weaknesses: The inability of SAPS to ensure security for state officials and their families reflects broader issues within law enforcement.
The SCA’s decision is a significant step towards promoting accountability in public office. Bathabile Dlamini’s misuse of public funds not only violated legal protocols but also raised concerns about ethical governance. This ruling reinforces the need for strict oversight and adherence to the law in the management of public resources.
This case serves as a reminder that public officials are entrusted with safeguarding public funds for the benefit of all citizens, not personal interests.
