Calls for Dlamini to be charged over her defiance of ConCourt ruling

Social Development Minister Bathabile Dlamini. Pic: Moeletsi Mabe. The Times
Social Development Minister Bathabile Dlamini. Pic: Moeletsi Mabe. The Times

Tomorrow is D-Day for embattled Social Development Minister Bathabile Dlamini who will then have to appear before parliament's standing committee on public accounts (Scopa).

She and her department have been embroiled in controversy over the likelihood that the 17million recipients of social grants will not get their money at the beginning of next month because of wrangling over the contract with the company that makes the payments on behalf of the department.

The department has admitted that it has no plan for making payments if the contractual impasse is not resolved.

In the past 48 hours Dlamini has faced calls that she be criminally charged and held in contempt of a 2013 Constitutional Court order.

"She has put people in danger, she was negligent, and that is a criminal offence," said constitutional law expert Marinus Wiechers yesterday.

"It's blatant dereliction of duty. It's blatant criminal behaviour if you know something is wrong and you know there is a court ruling."

He said that even if the social grants were paid on April 1, Dlamini could still face criminal charges.

"Over the past two years she has caused a crisis due to her negligence. It's what [lawyers] call 'indirect fraud, indirect intent'. It's not just negligent, it's intentional failure of duty."

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